Top Story with Tom Llamas - Thursday, January 5, 2022

Episode Date: January 6, 2023

The explosive affidavit just released in the Idaho college murder investigation, the suspected killer appearing in court for the first time, Rep. Kevin McCarthy fails again in the election for House speaker, El Chapo's son is arrested by the Mexican military, and Damar Hamlin's remarkable update from the hospital.

Tonight, the explosive affidavit in the Idaho College murder investigations. Suspected killer Brian Coburger appearing in an Idaho courtroom for the first time. As police revealed the evidence that led to a stunning arrest, cell phone records, and surveillance images of his car, placing him near the scene of that gruesome massacre last month. A sheath for a knife similar to this one recovered inside one of the victim's bedrooms. How police were able to tie the DNA found on that piece of evidence to the 28-year-old criminology student.

Face of a killer? The critical new information about who was inside the house as the horror unfolded. One of the surviving roommates coming face-to-face with a suspected killer, describing him as a masked man wearing all-black with bushy eyebrows. The roommate telling police,

she heard one of her roommates say, there's someone here before a man's voice said, it's okay, I'm going to help you. Tonight questions growing about why that roommate didn't call 911 until, several hours after that encounter. Our other major headline tonight, vote of no confidence, Kevin McCarthy, failing for a 10th straight time

as far-right Republicans refused to elect him as Speaker of the House, where the efforts to bring this standoff to an end, stand at this hour. Back from the brink, the remarkable update on Demar Hamlin, Dr. saying the Buffalo Bill safety is awake and communicating with friends and family, the question they say he asked as soon as he woke up.

Cartel Prince captured. El Chapo Sun, arrested by the Mexican military, the capture triggering a violent response by the cartel. Passengers on a commercial flight caught in the crosshairs as the ruthless drug dealers will stop at nothing, even killing innocent people, to get one of their leaders back. Plus, the deadly bomb cyclone in California, massive waves crashing into homes, heavy winds knocking out power and toppling trees that clean up underway, but another storm already taking aim. and Royal Rumble, Prince Harry's explosive new memoir leaking early. The stunning accounts inside, including the moment he got into a physical fight recently with Prince William. And the heartbreaking story of how his father, King Charles, told him his mother, Diana, had died. Top Story starts right now. And good evening.

Tonight is a special edition of Top Story. For more than seven weeks, the nation has. been riveted as police hunt for the killer who carried out a horrific massacre in Idaho. And tonight, we finally may have some answers. On November 13th, four college students found dead in their home. A little over a month later, on December 30th, authorities arresting 28-year-old Brian Coburger in Pennsylvania. And now, for the first time, police revealing the three critical pieces of evidence that led them to the alleged killer. Let's take a look tonight. The first, a sheath, a knife holster or cover, if you will, similar to this one,

found next to one of the victim's beds. Police say DNA found on the button of the leather cover of that sheath belonged to Brian Coburger. The second, an abundance of surveillance images. Police say show Coburger's car, a white Hyundai near the scene of the crime at the time they believed the murders were committed. And finally, the third, data from Coburger's cell phone. This map showing the path he likely took from that Lantra from his residence in Washington state to the house in Idaho. Remember, he lived very close by. Investigators say he turned that phone off as he approached the scene in an attempt to conceal

where he was going that turned it back on after he left. The mountains of evidence leading to Koberger's arrest and extradition, the criminology, Ph.D. student appearing in an Idaho court for the first time today, emotionless as he sat just feet from the loved ones of his alleged victims. At the heart of this case, the tragedy of four young lives cut painfully short. 20-year-old Ethan Chapin, 21-year-old Kaylee Gonzalez, 20-year-old Zana Kronautil, and 21-year-old Madison Mogan. We have full coverage tonight on this, breaking down every angle. Our reporters live on the ground in Idaho and a team of experts in crime, policing, and forensics standing by with analysis. We begin first at the courthouse

in Moscow, Idaho, with Gotti Schwartz, who has been covering this case since the beginning. Goddie, you were there for the hearing this afternoon, just steps away from that alleged killer. Yeah, that's right, Tom. And so many disturbing details contained in this affidavit. But central to this case is what you just mentioned, that knife sheath. You've got to consider that this is basically an extension of the murder weapon left at the scene. And on that knife sheep, DNA evidence. Tonight, for the first time, Brian Colberger, appearing in an item,

court after being extradited from Pennsylvania, where he was arrested. This is State of Idaho versus Brian C. Culberger. Charged in the gruesome murder of four University of Idaho students. The maximum penalty for that offense, if you plead guilty or found guilty. It's not less than one year in prison, no more than 10 years in prison, and or a $50,000 fine or bowl. Do you understand? Yes. And now, chilling new details revealed about the massacre investigators say was carried out in the dead of

night. In an 18-page affidavit, police laying out a triad of probable cause, a DNA profile, a white Hyundai Allantra, and cell phone data. The documents revealing that one of the surviving roommates in the house was awake. At one point, she opened her door and heard noises coming from upstairs around 4 a.m. First, she thought it was one of the victims, Kaylee Gonzalez, playing with her dog, but then she says she heard something to the effect of, there's someone here. Then later, an unknown male voice saying something to the effect of, it's okay, I'm going to help you. That roommate also telling authorities she saw a figure clad in black clothing in a mask that covered the person's face and nose walking towards her, adding she saw a figure as 5-10 or taller, male, not very muscular, but athletically built with bushy eyebrows.

But she locked herself in her room. The report also noting that a nearby security camera captured what sounded like voices or a whimper followed by a loud thud. Why 911 wasn't called for hours still remains unclear. And then there was the physical evidence allegedly linking Koberger to the crime scene. Authorities say after a knife sheath similar to this one was found next to victim Madison Mogan, the lab, quote, located a single source of male DNA suspect profile left on the button. Additionally, agents recovered trash from the Coburger's Pennsylvania house that when tested revealed a possible DNA match to the sheath through Coburger's father's DNA.

The document also lays out how police used video surveillance to track a white Hyundai Alantra's movements the night of the murders, later identifying the vehicle as Coburgers and using a previous traffic stop to identify his cell phone number. Investigators alleged the night of the murder, Koberger's cell phone was turned off shortly before 3 a.m. while he was in Pullman, Washington. Then the phone reappeared on the cell phone network just before 5 a.m. near Moscow, Idaho. Using data collected from cell phone towers, investigators believe this was an attempt to, quote,

conceal his location during the quadruple homicide. The data also revealing Koberger's cell phone was tracked moving again later that morning. Traveling back to Idaho from Pullman, Washington, this time near the crime scene, between 912 a.m. and 921. But when investigators dug a little deeper, they note Colberger's cell phone had traveled to the area of the victim's residence on at least 12 occasions prior to the night of the murders. Missing from the affidavit, a suggestion of motive or any connection between Coburger and the victims. Even with all this new public information, prosecutors still have to explain in court. I am going to leave the bail set at this case as no bail at this point in time until I have additional or further information. Okay, Gotti's course joins us again tonight.

So Gotti, talk to me about Kohlberger's demeanor. By now he may have some clue of the evidence allegedly against him. Tom, we were sitting about 15 feet away from him watching him the entire proceeding. And I got to say, it's difficult to describe his demeanor because he never gained. any expression or indication of what he was thinking. He kept a very straight facial expression. He leaned forward. He answered the questions very succinctly, very directly to the judge, but no expression at all.

And then you've been speaking to the families throughout this. A lot of grisly and difficult details released today. Do we know how some of those family members of the victims are doing tonight? Yeah, Tom, they have been preparing for this for quite some time. And we've talked about that. I've asked him, and they said that they want to be steadfast. They want to make sure that this process is as thorough as possible, and they want to make sure that the killer is brought to justice.

So they are going to sit there united like a family. And Steve Gonzalez, I was sitting behind him during this hearing, and he stared straight at Brian Colberger the entire time. His wife started crying silently at one point when the judge read Kaylee Gonzalez's name. But Steve Gonzalez is there. did not avert his eyes from the suspect in this case. Meanwhile, Brian Colberger never looked back at the family. Again, just looking straight at the judge and remaining expressionless.

Back to you. Can't even imagine what those families are going through. All right, Gotti Schwartz, leading us off tonight. Gotti, thank you for that. For more on these stunning revelations where Joe and I, by NBC News correspondent Dana Griffin, who is outside the home in Moscow, Idaho, where this brutal murder took place. And Dana, I want to go back to the affidavit, which investigators released today, which became public.

it details exactly what happened in that house. We learned a lot from investigators, revealing the possible path the alleged killer took through that home. Can you walk us through that? Absolutely. So investigators haven't said specifically how he entered the home, but we know that he killed, or excuse me, allegedly killed some of these victims. And this is where investigators say they were found. On the second floor of this home, that's where Ethan Schapen and Zana Karnodl were found in her bedroom. On the third floor, that's where they found Kaylee Gonzalez and Maddie Mogan in the same bedroom. Now, when we talk about that witness who was located on the first floor of this home,

investigators say that she heard, you know, who she thought was Kaylee Gonzalez, say someone's here. Investigators actually believe that that may have been Zana Karnodal because her cell phone records indicate that she was on TikTok around 412 that morning. But investigators say when she came out for the last time after hearing that Mel voice saying, it's okay, I'm here to help you. She said she saw that male figure walk toward her as she was standing there in a frozen state and he walked out toward the back of the house. Investigators later found a latent footprint, Tom, that had a diamond shape on it, similar to a van shoe. And that made investigators believe that that was the path that he took to at least exit the home. Yeah, that was one of the chilling details. I also, you know,

want to ask you, we've been talking about Cohenberger being a criminology student and possibly knowing how things work and how law enforcement work. But it seems like he made so many glaring mistakes, according to the affidavit, trying to evade capture. I know in that neighborhood, they're saying several surveillance cameras picked up his car. Walk us through that. Yeah, and on the affidavit, according to the affidavit, the home here, to my left, was the home that actually captured audio that sounded like a whimper. And you could also hear a dog barking

around the time of the murders. We believe that that camera on a home at that home there also captured that white Hyundai Alonja that the FBI actually identified later on in the investigation. They actually put out a bill on the lookout alert back in December, but the public wasn't made aware of that

until December 7th. And that's when people started, you know, that's when an image like this that you saw from that gas station, was discovered because people started realizing maybe i should go back and check uh that surveillance video that we also uh heard that washington state university had video of a white honda alandra coming and going around the time that investigators believe the alleged killer left and came back on campus after the murders tom okay dana we really

thank you for that we want to dig a little deeper into these new arrest documents in the case against brian coburger NBC news national security analyst and former fbii special agent in charge Frank Viglusey and NBC News Law Enforcement analysts and former ATF Special Agent in Charge Jim Kavanaugh joined Top Story live tonight. Frank, I want to start with you the entire world, including the media, including this show, to be fair, we're putting so much pressure on law enforcement there in Idaho. Really good police work when you look at this affidavit. You have to sort of admire what these police did. I agree, and I was amongst the people just hoping for a quicker resolution. I can only imagine what the victim's families were going through. It turns out, particularly having read the affidavit, that this is a solid investigation. I mean, this is a triple threat that the defendant's going to have to overcome.

As you said, there's DNA evidence, there's cell phone evidence, and there's video camera surveillance evidence. It's quite a task for his defense team to overcome. And in fact, with the death penalty in Idaho, a victory in this case would likely be just avoiding that death penalty. Jim, you know, I want to ask you, he was dressed in black. He had a mask, according to police, according to the eye. witnessed one of the surviving roommates. And police say he was circling the block several times in the half hour to hour before the crime. What does this tell you? Is this essentially the killer on the hunt? Right. Exactly, Tom. What we have is a lot of pre-offence behavior. Not only that

night, but in the weeks prior, the cell phone tracking where he made more than a dozen trips to this same area. So he was planning this. He wanted to kill someone. We don't know if he actually He had targeted that house, all those other trips, but certainly close to that area where the tower picked up the phone. And to build on what Frank said, when the threads of evidence come from various directions that are not connected, let's start with the first one, the witness. She describes him, 510, bushy eyebrows, a thin build. Then we have the vehicle that he owns that exact car that's under surveillance of the morning. We have the DNA on the button snap of a K-bar-knife sheaf. That's a dream find for prosecutors and agents and detectives

because it's not his fingerprint on a doorknob where he could have said I went to a party there one time or somewhere else. It's on the killer's knife sheath that's laid on the bed of the murder victims. How could it get there? The killer left it there. So that's pretty damning. And then, of course, we have the DNA match for that.

button and you know we have it all comes together in an interconnected mosaic that will tend to lock them behind bars and I would say there'll be more evidence there could be microscopic blood evidence in the carpet on the white car off his shoes blood of the victims he I'm sure he's tried to wash his clothes or threw him away he ditched the K-bar knife yeah Frank I want to go I do Jim I want to go to Frank now Frank I want to ask you about the knife and I want to be clear to our viewers, this is not the knife sheath in question. This is one similar to it. I'm reading from the affidavit now. The sheaf was later processed and had a K-Barr,

USMC, United States Marine Corps, Eagle Globe and Anchor Insigna, so we think it's similar to the one you're seeing right here. Frank, how in a murder, let's say this murder was well planned, how can something like this be left behind? And I know there's a theory that possibly sometimes killers leave things behind on purpose. Where's your head out on this one? Yeah, there have been some reports. I don't think they've been confirmed yet, but I've seen reports that there might have been signs of a struggle, at least with one of the victims. There's some evidence, perhaps, of defensive wounds. We've got to wait to see how that comes out. But if there was a struggle, even just the physical activity of multiple stab wounds, which is what this affidavit speaks to, yes, you could actually lose the sheath. It could not be buckled properly onto your belt, or it could have come loose. Or as you suggest, you know, we could be dealing with someone who's simply too smart for his own good. He might have thought, I'm going to leave this behind and see if they catch me. I don't know, but as Jim says, this is a dream come true for forensic experts. You've got his DNA, not only on the knife

sheath, it's on the snap button, meaning he, that's what he would have had to engage to remove the sheath. So there's also great evidence. How did they get the DNA? They pulled it in Pennsylvania off the trash from his parents' home. Yeah, the police work has been incredible. I do want to bring in someone else into this conversation. Fame criminal defense attorney, Mark Garagos, who's represented everyone

from convicted killer Scott Peterson, to Gary Condit, to Michael Jackson, to Jesse Smollett. Mark Garagos, thanks for joining us right now. You've defended people who are guilty. You've been defended people who are not guilty. High-profile defendants. Does anything in this case right now

worry you, as far as the legal investigation is concerned. Is there anything investigators left out, possibly, or do you see any mistakes so far, or do you think this is a pretty tight case? Well, I'll tell you right now, I don't want to disagree with my two friends and predecessor commentators here, but this is hardly an open and shut case. In fact, reading, I think that the reason that this is such a detailed probable cause affidavit is that police were pushing back against a lot of media speculation and the public's perception that they would weren't doing much. Frankly, I will tell you that there are some gigantic opportunities for the

defense here. First of all, this is not a one-on-one match of DNA yet. If you read the probable cause affidavit, they've excluded 99. whatever percent based on the father's DNA, not his DNA. So they're going to, obviously, take a swab from him if they haven't already. That's number one. Number two, the supposed DNA found on the button, that doesn't mean a thing. If it was on the knife, I would grant you that that would be something. However, on the sheath, there isn't anything that they talk about that is going to take you beyond a reasonable doubt on that. Number three, the other glaring hole that they're going to talk about is there's rank speculation that somehow he must have turned his phone off because

the problem is, and I was wondering about this because I've had it in so many murder cases, I assume that one of the first things they did was go and take a look at the cell phone service. Now, the cell phone service is not like GPS. Cell phone service is when you've got a phone and you're making a call, it will go to various locations, cell phone antennas. The problem with that is if there is too much or not enough traffic at one, automatically it shifts to another. And because you're within a seven-mile radius, that means somebody could be

sitting at his home and it could show him at another cell phone antenna location. I've had him where the cell phone antenna locations have shifted by 25 miles within three minutes. So that's not going to give you it. And there is no cell phone triangulation for the time period of the killings. So before everybody gets on this prosecutorial bandwagon here, you better sit back because I believe that there are some glaring holes here that his public defender is going to have a field day with. I want to bring in Daniel Savalas now. He's one of our NBC News legal analysts. I want you to take sort of the side of the prosecutors here. You've gone through the affidavit. You just heard from a very well-known, very well-respected criminal defense attorney. I saw you over here and you were dying to jump in here. Love Mark. Give me the rebuttal. What do you think about the affidavit and the evidence against Koeberger right now?

So Mark knows I admire him. I would respect. I agree with him on the cell phone. He's absolutely right. It's not GPS. And these kinds, this technology where you take the cell phone location based on the ping off of the tower, well, that could move, like he said, miles within seconds because your cell phone just chooses a new tower. So I agree. That's not as reliable. But there is video evidence of this Hyundai Alantra going around the neighborhood numerous times. I do think the DNA evidence is compelling. The affidavit says 99.999. And you really, nowadays with modern technology, you just need a relative to get close enough. And I think the prosecution, even if they didn't get the suspect's DNA, they'd be perfectly

happy arguing 99.9% or the dad's DNA to a jury, and they'd take their chances with that. But Mark is right, I mean. Is that very hard to explain to a jury, or can you walk them through it? The DNA evidence? Yeah, how that all works. Well, typically, even when they call an expert as heady or difficult to understand as DNA evidence is, most jurors, and I think Mark would agree, have been raised on a steady diet of CSI. So they're more willing, they're more receptive to the idea of DNA. In fact, in my experience, trying cases, jurors come to expect DNA evidence. And in a way, it actually hurts law enforcement if they don't have it, because jurors have

become rather spoiled. They expect, oh, every case has DNA evidence, and it's going to be in there. And if it isn't there, that must mean the police may have done. something wrong. So I think the compelling pieces are the sheath left at the crime scene, the video evidence, and of course I do think the DNA evidence is compelling. And I just got to say this, Tom, because last week when the suspect was apprehended, I got this question all the time, well, do you think that because this guy was a Ph.D. in criminology, that he might be able to commit the perfect crime. And at the time, I said, no way. Criminology, I mean, that could be

sociological study, it doesn't make you a master criminal. And if this ends up, this affidavit of probable cause is accurate and this defendant is guilty, then this was not the perfect crime. This was the dumbest crime. Mark, I want to ask you a question. We've heard from the county prosecutor, Bill Thompson, who may help in the prosecution of this case. He leads that office. I think we have a photo of him or some video of him as well. We've all seen anatomy of a murder, right? Jimmy Stewart, the country lawyer takes on the hot shot prosecutor. The roles are reverse now. If Coburger were to lawyer up, say, right, hire someone

like yourself, how difficult is it for someone like this prosecutor from a small town, a small county in Idaho to take on somebody like a Mark Garagos who has a very powerful law firm and a lot of experience defending clients, defending defendants

in types of crimes like this, high-profile crimes? I'm going to make a prediction right now. I don't think it's going to be tried in that county. I think that you layer over the fact that the the chief law enforcement officer there has expressed his opinion that he's got a 100% certitude. You talk about the wall-to-wall publicity. And by the way, it wasn't that long ago, I believe her name was Fowlo, was tried with a lot less publicity, and they moved that case as well.

So I don't think that whatever perceived advantage there, I don't see it. And frankly, I'm not so sure, you know, they already were in there with a very prominent defense. expert. And actually, I don't even know the characterizing this defense is fair. But they had a forensic expert in there already. My guess is, is they've already started a parallel investigation and I will tell you that there are things that are even in a probable cause affidavit that give me pause. For instance, Danny was talking about, well, they identified a car and blah, blah, blah, well, they did. They went to the FBI. When the FBI was first shown the videos, the FBI said it was 2011 to, I believe, 2013 or 14.

Then when they found out that this guy doesn't have that model, the guy all of a sudden changed his opinion as to what the model was. Those are the kinds of things that are going to come back to haunt the prosecution. Mark, real quick, what would you advise Koeberger if you were defending him right now? What would you be telling him? To continue to shut up and not say a thing. There's no... And with that advice, that advice, I actually want to bring Frank and Jim back into the conversation.

here. What are you guys reading from his body language, right? Because I think the average viewer may be watching, looking at this guy. And honestly, they may say themselves, he sort of looks creepy. Well, you know, it's not fair to say about any defendant. I think that they look creepy. But I think now he is taking the advice of, like Mark and his defense attorney, now he's trying to be the criminology doctoral candidate. Before he was a criminal that's just too clever by half. He dropped the knife sheath and tried to hide his cell phone activity. I think what the case is going to need is just one little more pushover, like Mark was discussing, proof beyond a reasonable doubt. Certainly, I think we have solid probable cause, but I'd like to

see him have a little more, maybe some blood traces at his office or his apartment where he lived in Washington or in the Hyundai, something like that of the victims, I think would cement the case for the prosecution. It's going to. be hard fought. Whenever there's a death penalty case, and I've been on the prosecution side of those, whenever there's a death penalty case, it's a very, very hard fought case, and everybody deserves a vigorous defense, and I'm sure he'll get it. But the evidence looks strong to me. I think it needs a little more to get it over the hump. A lot of great minds here in this panel. I want to bring in one more. We have one of the country's leading genetic detectives who has helped law enforcement

agencies identify suspects in more than 50 cold cases in one year alone. C.C. Moore joins Top story tonight. Cece, thank you so much for being here. We've been talking about that DNA evidence on the sheath, along with the DNA evidence that was found in the garbage at his parents' home. If you can connect the dots for us and explain this like we're all five-year-olds here, because I think this is what the lawyers are going to have to do in the courtroom with the jury. How did the police do this and walk us sort of through the CSI steps? Well, of course, it's speculation, but based on what information we have, it appears that they likely pulled touch DNA from that sheath at the Idaho crime lab. They would have created

their traditional genetic profile from that, that CODIS profile made of STR markers, that is what is court admissible and is also what has to be the basis of the arrest warrant. When they didn't get a hit in that CODIS database, they must have sent the remaining DNA to a private lab because there are no crime labs with the capability of creating the profile that we need for investigative genetic genealogy. That is up to a million SNPs, which is a different type of genetic marker than what is used as evidence in court. We look at genetic markers all across the genome, and that gives us power to expand the search out and to find distant relatives. Once that private lab had created that SNIP profile, it would have been uploaded to the two databases that

allow law enforcement to compare against. That's family tree DNA and Jedmatch. There's a huge misconception that they are using 23 and me and ancestry DNA, which unfortunately is not true. They have barred the use of their databases for law enforcement cases, and that means we're limited to only about 2 million people we can compare against. But Cece, I want to stop you right here, just so people understand, if you use those services you mentioned, you need to understand law enforcement will also have access to that information? Not at those two largest databases. No, no, I know, the ones you mentioned earlier.

Yes, so if you have uploaded your DNA to Jedmatch or you've tested at family tree DNA or uploaded your DNA there, you can opt in or out of law enforcement matching. And so those customers have been notified that law enforcement is using those profiles. and they've been given the opportunity to decide whether it's something they want to participate in and support or not. So there's a lot of misconceptions that we're using people's DNA that don't know about it and haven't consented to it. And that's actually not valid. So, Cece, they finally, they get one of his relatives, they're able to tie the DNA together. How many cases, what percentage of cases would you say nowadays are prosecuted on this type of evidence using these types of links?

I don't know what percentage, but I would say it's still very small. We've been able to help solve over 250 criminal cases in the last four and a half years. So that's one per average per week, one per week on average. And the FBI team is doing their work behind the scenes, which I suspect is what happened here. And there are additional teams working doing the same type of analysis. So there's probably about 500 cases that have been closed thanks to investigative genetic genealogy, but that's a tiny percentage of, of course, all the active criminal cases. I do want to correct one thing, which is when we upload to those databases, it's not just one relative that helps us make this identification. It's often a dozen, two dozen.

We're looking for connections way back in their family trees most of the time. It's rare to get a close relative because there's only two million people out of the whole population. So we're working with second, third, fourth, fifth cousins, and beyond. We're hoping to connect to mom's side and dad's side. Cece, we thank you for that. I do want to round out this panel, though, with a question for our legal eagles. So we have this affidavit, which we learned a lot in. And I'm going to start with Danny.

A lot of facts in here, a lot of information, a lot of grisly details, to be honest. The one thing we don't have here is the motive. Does that matter? Who cares? Prosecutors don't care about motive. Motive is not an element of a crime, but law enforcement will look for a motive because motive can be evidence of intent. It can be evidence and explain, more than that, it can explain to a jury why this person went to this house and did what he did. But it is not an essential element

of any of the crimes that this defendant is charged with. So it's interesting, it's helpful, they don't need it. Mark, what's your take on that, right? We don't have the why. We do not have the why here. And let me tell you, Danny is absolutely right. There's even a jury instruction in almost all jurisdictions, which tells you that you don't need a motive. That's the legal. The practical matter is a prosecutor wants a motive. Every murder case I've ever done, the prosecutor's got a theory. It's either a financial motivation. It's a perverse motivation. They always have a theory. And so they're going to be looking for that theory. And by the way, just to tie this, up on the DNA, there is going to be a fight over the DNA, and I will tell you why.

As Cece has described it, that kind of investigative background that they go through is not admissible itself. It will get you to a point where you can then deal with it, but they are going to take a swab at some point of him. My guess is they did it last night when he was admitted into the jail. They almost always will have an order before that where the jail. judge will allow it. They will then do a one-on-one comparison. They'll take the DNA that they recovered from the sheet, they will compare it to the DNA profile that they have from the swap.

They have not released that yet. The reason that's important is because the databases that CZ is talking about are very limited. I fought this battle 20 years ago when they tried to start mitochondrial DNA in the same FBI unit. It's a limited database with limited people, so the numbers you get are very, very skewed based on ethnicity and the fairly limited amount of 2 million people. So there's going to be a lot of talk about DNA here before we ever get to either a preliminary hearing or a grand jury. Mark Garagos, Danny Savalos, Frank Viglouz, Jim Kavanaugh, and Cici Moore. We thank you for your time tonight here on Top Story. Still ahead, the other major stories we're following

tonight and a lot of news tonight. The House in disaster, Kevin McCarthy dealt another day of crushing defeats losing vote after vote in his bid for Speaker of the House. We'll have a live report from Capitol Hill. Plus an update on Bill's safety, DeMarne Hamlin, his doctor saying he is alert and communicating with family. What does doctors say he asked when he woke up? And the dramatic video out of New Jersey, take a look at this, a car seeming to fall out of the sky onto a house. What body cam footage shows just moments before that crash happened. Stay with us. All right, we're back now with the chaos on Capitol Hill. Top Republican Kevin McCarthy failed to win over the holdouts in his party yet again.

NBC News Capitol Hill correspondent Ryan Nobles, tracking it all for us. Tonight, with a standoff turning to a stalemate, now possible signs of progress. Sources close to the negotiations say a promising deal is close in Republican Kevin McCarthy's quest to be speaker. We're all working together and find a solution. But so far, the results have not changed. The Honorable Kevin McCarthy of the state of California has received 201. McCarthy has over 200 Republican votes, but 20 hard-right holdouts are still blocking him from victory.

This, despite McCarthy overnight giving into new concessions the rebel Republicans demanded, including allowing only one member to call for a vote to remove the speaker, and giving the conservative freedom. caucus seats on the Powerful Rules Committee, according to members involved in the negotiations. But the offer was not enough. And now some conservative critics are slamming the handful of McCarthy opponents. He has 20. He has 20. Why is it time for him to withdraw and not you when he has so many more votes? Well, Sean, he needs 218 and he does not have 218. We've been trying to work this out. But tonight, Colorado's Lauren Bobert telling us her issue is McCarthy himself.

know on Kevin McCarthy specifically. My vote does not get Kevin McCarthy the speakership. I am a no on Kevin. Ryan Zinke of Montana still supports McCarthy. If this continues to drag on then though wouldn't that be an indication that you aren't unified yet and this is going to be a long lengthy process? I'm a seal. I'm trained never to quit. So I'll be here as long as it takes. Okay Ryan Nobles joins Top Story Live tonight from Capitol Hill. Ryan another late night for you and the team there. What's your sense? Are there any signs any camps going to blink? It does seem like Kevin McCarthy's camp is at least moving in that direction, Tom.

We know that they've been in fierce negotiations with conservatives throughout the night, that they have put a deal on the table. The question is whether or not the conservatives will take it. And even if they do take it, if there will be enough of them that come into his camp to get him to the 218 number, that is still very much an open question. Okay, Ryan Noble's with the very latest reporting there from Capitol Hill. Ryan, thank you for that. Now to an update on Buffalo Bill's player, Damar Hamlin, after he suffered a medical emergency during Monday night's football game in Cincinnati.

His doctors saying he's awake, and get this, he's communicating, even revealing the first question Demar asked when he woke up. Maggie Vespas is the latest. Tonight, renewed hope for DeMar Hamlin, now awake and interacting with friends and family in the hospital. It's been a long and difficult road for the last three days. Emergency and trauma physicians treating Hamlin at the University of Cincinnati Medical Center say the 24-year-old who went into cardiac arrest at Monday night's game remains in critical condition and on a breathing machine. But they note he's showing signs of good neurological recovery. It's not only that the lights are on. We know that he's home. And that it appears that all the

cylinders are firing within his brain. Even communicating with visitors using a pen and paper. He was able to emerge and follow commands and even ask who had won the game. When he asked, did we win, the answer is, yes, you know, Damari, you won, you've won the game of life. Yeah, man, he definitely won the game of life. Cincinnati wide receiver T. Higgins, who Hamlin tackled during that play Monday night reacting to his progress. I got news this morning. Man, it was another big relief, you know, off of my chest. In Buffalo today, the bill's resumed practice, their teammate on their minds. We just want to love up on them, you know, so the next chance we get, I don't know when it's going to be.

If we get to see him anytime soon, it's going to be awesome. Back here outside the Cincinnati Hospital, fans have been laying flowers, bringing signs, and just breathing sighs of relief. I'm so thankful that he's recovering, and I hope to send back on the field. We're still going to be praying for him and the team and his family, and we're still going to show love and support. This weekend, with that support behind them, the team says it's going to play for three in honor of Hamlin. Maggie Vespa joins us tonight from Cincinnati. Maggie, a lot of news, a lot of positive news coming out of that hospital there just behind you. I do want to ask you about a section of your story where you talked about he has the ability to communicate now, right? Because I think a lot of people when they first heard that news or saw the tweet, they assumed he was talking.

But that's not exactly where we are just yet, correct? Correct. breathing machine so he definitely can't talk he's writing on a pen and paper and you heard his first question did we win talking about the game so that's why neurologically they think he's kind of being himself though having to write it down to that end I asked the doctors today is there any timeline upon which you feel like you need to have him off this breathing machine meaning if he's not often by a certain day does that sort of give you an indication that they're going to be more problems down the road and they said no they said everyone's situation is different they're

not trying frantically to get him off the breathing machine by any given day, and it was just all positive news. Again, coming out of this press conference, finally, Tom, three days after Hamlins collapse. Okay, Maggie Vespa for us, Maggie, thank you. When we come back, talk about a plan backfiring. The suspects caught on camera trying to set an immigration office on fire when they get caught in the flames. Next. All right, we are back now with Top Stories News Feed, the man accused of killing Migos rapper takeoff has been released on a $1 million bond. Patrick Clark has been in jail since December. He's accused of opening fire at a Houston bowling alley on Halloween, killing the rapper.

Officials do not believe takeoff was the intended target. As part of his release agreement, Clark will wear a GPS monitor and surrender his passport. Now to the police chase in New Jersey that ended in a wild crash. Take a look at this video. A home security camp capturing the moment a stolen car drops 21 feet off an embankment and onto the home below. This happened in North Caldwell just outside of New York City. And now, new police body camp footage shows the car fleeing from officers when it just drives off the ledge. Authorities say the driver and a female passenger inside escaped with minor injuries. They are now both in custody.

All right, two suspects caught on camera accidentally, setting themselves on fire while allegedly trying to burn down a California immigration office. Ring surveillance footage shows the mass men throwing liquid accelerant on the exterior of the building in Bakersfield. One of those men then lighting a spark and look what happens, immediately igniting a fireball. The men eventually ran away. The building was damaged, but no one was inside at the time. No word yet on any arrest or injuries there. And an update tonight from actor Jeremy Renner as he continues to recover from a brutal snowplow accident. The actor posting a video from an ICU bed along with his sister and mother. He's wearing an oxygen mask, obviously, as you can see.

He's also, you can see some of that bruising on his face. But Renner keeping it light, riding his ICU day turning to a spa day. Authorities revealing Renner was run over by a seven-ton plow near his Nevada home. on New Year's Day. Okay, we want to turn to that wild weather we've been tracking all week. It's slamming the West Coast. More severe conditions are on the way in California after this latest powerful storm, fueled by a bomb cyclone tore across the state. At least one death confirmed so far, a toddler as crews raced to rescue power, restore power, I should say, in clear roads. Here's Miguel Almagherer. From swift water rescues in Southern California

to peers pummeled in Northern California. A massive trail. of destruction as emergency calls poured in. Street down, multiple injuries, go through ambulance if you already haven't started. Before sunrise, the brunt of the deadly storm tore across the state. In San Francisco, a family trapped in a car, finally freed by firefighters.

Further north, a two-year-old child killed by a falling tree. When I first arrived on seeing a frantic father came out of the house holding the child. While 21 million remain under a fire flood watch, wind shredded the region, up to 106-mile-an-hour gusts in the mountains. Three down for the three down on a person at the zoo. You wake up this morning, you walk out the front door. What do you see?

Oh, my God, this thing. I had to do a double-take. It was like a bomb went off. As authorities fear landslides, the atmospheric river that caused the torrential rain is part of a pineapple express. Now as first responders raced to washed out roads, Down trees and damaged homes, the cleanup begins, just as another storm rolls in. Tonight, there's concern there could be additional fatalities. Cruiser still sifting through the damage left behind. Tom? Miguel Almaguer with the damage and the danger right there.

All right, Miguel, thank you. When we come back, the arrest unleashing the cartels fury. El Chapo's son detained by the Mexican military, the ruthless gang of drug dealers already doing whatever they can to get them out, including shooting a plane. The dramatic images coming next. Back down with President Biden's promise to address the surge of migrants at the border. The White House rolling out a new plan today

that will allow tens of thousands of migrants to enter the U.S. each month. NBC's Peter Alexander's at the White House. Peter? Tom, that visit for President Biden to the border is going to come Sunday. All of it after President Biden has faced fierce criticism

over his handling of the border crisis where there has been a record number of illegal border. crossings. The president tonight announcing that he'll expand efforts to quickly expel migrants from Cuba, Haiti, Nicaragua, and Venezuela, who come here illegally, as he warned in remarks to migrants today, do not just show up. Still, he says the U.S. will allow up to 30,000 migrants from those countries that come to the country each month through a newly expanded vetting process. This weekend, the president's expected to stop in El Paso, Texas, where shelters

have been overwhelmed by a surge of migrants. The city's Democratic mayor there, Tom, has already declared a state of emergency. Back to you. Okay, Peter Alexander first. Peter, thank you. Now to the Americas, where we have new details out of Mexico on the capture of cartel leader Oviedo Guzman. That may sound familiar. It's because he's the son of drug kingpin El Chapo Guzman. In response, cartel gunmen taking control of the streets in the state of Sinaloa, burning cars and even shooting into passenger planes. This all coming just days before President Biden visits Mexico, Guadvanegas, with that video and the story. Tonight, a battle to control the state of Sinaloa, Mexico.

With burning buses in the streets and travel restrictions in place, after the son of El Chapo, Ovidio-Gusman, was arrested by the Mexican military in what they say was a joint operation. Heave to a cabo the detention of Ovidio N. Federal authorities say he was captured outside the state's capital, Kuliacan, just after 6 a.m. He was traveling in a vehicle with other gunmen, when detained and quickly flown to Mexico City,

cartel gunmen reacting all across the state. This morning, a video circulating on social media showed passengers on a plane at the Kuliacan Airport ducking for cover. Children scared after the sound of gunshots erupted. Aero Mexico, confirming one of its planes scheduled to depart this morning, was struck by gunfire. The airline now canceling all flights to the three main cities in the region,

and the government also confirming a Mexican Air Force plane was shot as well. A failed prison break attempt confirmed by Sinaloa authorities. Today's actions could be a violent show of power by the Sinaloa cartel faction led by El Chapo's son. The Chapito's faction of the Sinolao cartel are very powerful. They run the dominant power in Kula Khan. This is the second time El Chapo's son has been captured by

Mexican authorities, his first arrest in 2019 leading to similar violence. The cartel retaliation was so intense, he was released to avoid mass casualties. Ovidio also faces drug trafficking charges in the U.S., and an extradition request has been submitted by American authorities. Obadiouzman was flown on a military airplane from Sinaloa to Mexico City early in the morning before the hit men for the cartel really got a chance. to put the pressure on there. So now it's very politically difficult

for them to release him under pressure from the cartel I did before. Guad vanegas joins us now, Guad, that video and this story is so wild. I know you have some new reporting tonight on the Secretary of Foreign Affairs in Mexico speaking out. Tom, that's right.

Secretary of Foreign Affairs, Marcelo Ebrad, spoke about this and said two things that we're all wondering. One, he said American agencies did not participate in the arrest, and two, he says that the video whose mind has to face the Mexican justice before they can consider extraditing him to the United States. Tom? Okay, Guad vanegas for us, Guad, thank you. And tonight,

excerpts from Harry's book sending shockwaves from recent physical fights with his brother, Prince William, to the heartbreaking story of how he learned about his mother's death. Right after this, Kier Simmons from Buckingham Palace with all those new developments. Stay with us. All right, we're back now with the Royal Bombshells. from Prince Harry's upcoming memoir. In it, Harry says his brother, Prince William, physically attacked him in an argument over wife, Megan Markle.

Keir Simmons tonight with that and more on Harry's explosive claims. Tonight, an array of stunning leaks from Prince Harry's book after it appeared on bookshelves in Spain early. NBC News, obtaining a Spanish language copy of spare. In it, the Duke of Sussex describes a 2019 physical altercation

with his brother, the future king. He grabbed me by the collar, Prince Harry writes about William, ripping my necklace, and he knocked me to the floor. I landed on the dog's bowl, which cracked under my back, the pieces cutting into me. I lay there for a moment, dazed, then got to my feet and told him to get out. The fight over royal roles and William's criticism of Meghan, according to Harry, but the book makes many more allegations. Prince Harry writes of King Charles' marriage to Camilla, in spite of Willie and I begging him not to. Though he says we recognised that he was going to be with the woman he always loved. But he also details a fight between Kate and Meghan,

says William and Kate howled with laughter at a Nazi uniform he wore to a party for which he had to apologize, and even says Charles would joke with Harry that he was not his father. There's more personal details. He writes of taking cocaine, losing his virginity, and of the moment he was told Diana died. Charles broke the news, he says. calling him, my dear son.

What I do remember, he says, with stunning clarity, is that I did not cry, not a tear. My father did not hug me. All right, Kear Simmons joins us tonight from outside Buckingham Palace in London. Kier, these are truly sort of shocking allegations. And I know in modern times, there has been so much that has happened to the royal family

from death to scandal, to abuse. And now this, how is London and the royal family reacting to everything that's coming out in this book right now. Well, it's silence, Tom. They're not reacting. There's no comment from Buckingham Palace behind me there. I think they're trying to cling on to the idea that if they just carry on, and in some ways, I suppose, ignore it,

that in the end they'll kind of rise above it. By they, I mean, of course, the king and the queen consort and the prince and princess of Wales, William and Catherine. Whether they're going to be able to sustain that is another question. Because, you know, Tom, I think this really is shaking. the foundations of the palaces and of King Charles' new monarchy, because he's got two sons now absolutely openly feuding, and that cannot be doing any good for his reign, if you like.

And I have to ask you about this relationship with his brother, right? Since humans have been around, there has always been problems between brothers just open up the Old Testament. But I do have to ask you, I always talk about these brothers ever coming back together. something during Queen Elizabeth's funeral that possibly maybe the two brothers were coming back together but now you read these allegations in this book and you just wonder can the future king ever forgive his brother or will his brother

ever forgive him yeah you really do wonder that don't you and I think one of the most damaging allegations perhaps in in this book is that Harry claims his own family briefed the media against him conversely I think and this goes to your point you know how do members of the family mingle and mix with Harry and Megan with the concern that perhaps it all turns up on the television or in an in another book so you know listen you you talk about the ancient idea of brothers feuding well another ancient idea is this tension always within a royal family between the air and the spare and of course the book is called despair the royal

family have seen this before they have dealt with this before and they will be hoping tonight that they will survive this as they survived many scandals before, Tom. Finally, Keir, in the Court of Public Opinion there in the UK, I do have to ask you, the Netflix documentary came out here in the U.S., and there were a lot of people who said, listen, I never heard this side of Megan's story, and Megan and Harry both said they came out with a documentary to sort of wrestle back the narrative and tell their story. That's why Harry says he released this book as well. Is that plain at all? Is that reason? Is that plain at all in the U.K.? Are people buying that, or are people rejecting that notion?

Briefly, Tom, there are, there is a lot of negativity towards Harry and Megan, honestly, here, particularly in the UK. That being said, I have heard from people that they have changed their opinion after watching the Netflix documentary. I think, honestly, we're going to have to see. Pierre Simmons, for us, a lot of reporting there on a story that we're probably going to stay on top of for weeks to come. Kear, we thank you for that. We thank you for watching Top Story tonight. I'm Tom Yammis in New York. Stay right there.

More news on the way. Thank you.