Top Story with Tom Llamas - Tuesday, February 6, 2024

Episode Date: February 7, 2024

Tonight's Top Story has the latest breaking news, political headlines, news from overseas and the best NBC News reporting from across the country and around the world.

Breaking tonight, the impeachment vote against Homeland Security Secretary Alejandro Mayorkas failing in the House. House Republicans were pushing to impeach Mallorcas over his handling of the border crisis. Not tonight. It comes as immigration remains a top issue for voters. President Biden blaming former President Trump for derailing that bipartisan border bill in the Senate. The breaking details just coming in were live on Capitol Hill. Also tonight, the first parent to face charges related to a mass school shooting is found guilty in a stunning verdict. A jury convicted Jennifer Crumbly in connection to her son's deadly shooting rampage. We hear from a juror about the unanimous decision, the first of its kind trial setting a precedent

in the U.S. Will more parents be found liable in the future? Trump loses the legal battle, a federal appeals court dealing a major blow to the former president's defense in the 2020 election interference case. The panel of judges ruling Trump is not immune to charges, going as far as saying he should be treated like an everyday citizen. Trump's response and what it could mean for the road ahead as he balances the campaign trail and the courtroom. State of emergency, California reeling from a deadly and destructive storm, record-breaking rainfall triggering dozens of water rescues. Outside of Las Vegas, four people rescued from an avalanche at a ski resort. More than 300 mudslides reported in the Los Angeles area.

In San Diego, a tornado warning issued as the relentless system move through. We hear from those left stunned by the force of the storm. Plus, orcas trapped. Heartbreaking images show a pot of killer whales stuck in a sea of ice near Japan. The Coast Guard warning, it's a waiting game until that ice breaks up. We speak with a marine life expert about how this could happen and what can be done to set them free, if anything. and betting on Taylor. It's not just the Lombardi Trophy on the line at this year's Super Bowl.

All bets are on the table as millions try their luck gambling on the championship game. The odds Swifties are hoping to cash in on along with odd prop bets set to smash the record books. Top story. It starts right now. And good evening. We have breaking news as we come on the air tonight. House Republicans failing to impeach. Homeland Security Secretary, Alejandro Mayorkas.

All Democrats voted against the impeachment articles along with four Republicans. Those House Republicans claim the Homeland Security Secretary failed to enforce immigration laws. These are the ones who wanted to impeach him and breach public trust. The move widely refuted by Democrats, Majorcas and President Biden, who argued the case was a pure political stunt. It comes as President Biden and former President Trump spar over immigration, Biden blaming Trump for urging lawmakers to tank the bipartisan border bill, which the Senate is set to take up tomorrow. All of this, as immigration remains a high priority for voters with the 2024 presidential election just nine months away. NBC's Ryan Nobles is live for us tonight. He starts off

our breaking coverage. Ryan, you've been monitoring what's happened in the House, not exactly as Republicans had planned it. That's exactly right, Tom. I mean, by every measure, this was a stunning development on Capitol Hill. Republicans have been pushing toward this impeachment vote of Alejandro Mayorkes. for months. They held a very extensive investigation through the Homeland Security Committee. They called witnesses. They built a case by which they believed that Majorcas was guilty of high crimes and misdemeanors because of his inattention to the border. They claimed that he willfully ignored the law in adjudicating laws that were connected to the border, and that's

what in part led to the migration crisis at the southern border. But it was an argument that, of course, no Democrat bought. They believed that this was nothing more than a political stunt. were even some Republicans who felt the same way. In fact, three Republicans, definitively, Mike Gallagher, Tom McClintock, and Ken Buck of Colorado, all three of them said that they were going to vote no, and they made good on that promise by voting no tonight. A fourth member of Congress, a Republican, Blake Moore, ended up voting no as well. That was basically just to give Republicans the ability to bring the measure back up in the future. And already tonight, Tom, they are vowing that they will do that. You know, part of this is because of the

margins between Republicans and Democrats in the House right now. And part of that is because of a special election that's going to take place next week in New York. That, of course, the seat to replace George Santos, but also Steve Scalise, who's the majority leader, is dealing with cancer and is being treated for cancer and is absent. If Steve Scalise were here tonight, it would have been a different outcome. Regardless, this is embarrassing for the new House Speaker Mike Johnson, who was making this the centerpiece of their argument that Republicans were more concerned about the border than Democrats. That message, obviously failing here tonight as the Homeland Security Secretary avoids being the first cabinet secretary in close to 150 years to be impeached by the House of

Representatives. Ryan, peel back the curtain a little bit because you bring up Speaker Johnson and his first big embarrassment as Speaker here. I mean, do we know why Republicans brought this to a vote if they weren't 100% sure this was going to happen? That is the million-dollar question here tonight, Tom. And we spent all day roaming the halls of the Capitol trying to make sure that Republicans knew they had the votes. But our own simple whip count demonstrated that they didn't. You know, both Ken Buck and Tom McClintock made it very clear that they were noes. We had another group of four or five House Republicans who just wouldn't tell us whether or not they were going to vote no. In fact, I saw Mike Gallagher walk out to the House floor right before

the vote, and he refused to tell me if he was going to vote yes or no. If they're unwilling to tell us, then there must be unwilling to also tell the speaker. The way that this normally works is that if you control the floor and it's something that you want to see past, unless you know definitively that you have the votes, you do not put it on the floor. Mike Johnson chose to go a different path today. Either he didn't believe what he was being told or simply just had a problem with the math. The sum total of all of this is that Alejandro Mayorkas survives this impeachment vote. And then, Ryan, bring us up to speed on your latest reporting when it comes to the immigration bill in the Senate. It started out as a bipartisan bill. And it just, it feels like it no longer is

that Republicans have sort of ran away from this bill over the last few weeks. Yeah, I mean, this is something we've been tracking time for months. And the whole purpose that this package was put together, the four national security emergency prongs of Ukraine, Israel, the Indio Pacific, and the border was because the negotiators believed that there were enough members that cared enough about each one of these prongs, that they'd vote the entire package through. And it was specifically that border component that was added to convince conservative Republicans to support Ukraine funding. They almost asked for it. They went to the table, they negotiated. The Democrats gave up a lot, major concessions that they would never give up

under any normal circumstances. They presented the package, and Republicans just rejected it outright, first saying that it didn't go far enough, then even suggesting that it would make the situation worse. The sum total of all of this is that there is now not any sort of violence. path toward a plan to secure the border right now, even though it is a crisis that Republicans say is their top issue, and one even Democrats believe, needs to be addressed immediately. Ryan, before you go, is there enough time before the November election for the White House, for Republicans, Democrats, but it sounds like Republicans are going to get out of this business very soon, but is there enough time to pass another piece or any piece of meaningful legislation

when it comes to the border? I ask the Senate Majority Leader that exact question here tonight. Tom. And I think the demonstration of the inability to impeach Alejandro Mayorkas demonstrates this. I'm not sure any legislation can pass this Congress right now because it is so dysfunctional. Ryan Nobles leading us off tonight with that breaking news from the Hill. Ryan, we appreciate all your reporting. We want to turn out to other major headlines that we're covering tonight, including the first of its kind case. The parent of a school shooter held criminally responsible for a mass shooting committed by their child. Jennifer Crumbley found guilty on four counts of involuntary manslaughter in the deaths of four of her sons, classmates in 2021.

Maggie Vespa has borne today's verdict and the emotional reaction. Tonight, an unprecedented verdict. We find the defendant guilty of involuntary manslaughter. Jennifer Crumley found guilty on four counts, one for each student her son killed, leaving the courtroom in handcuffs as the first parent in the U.S. ever convicted for their role in a a mass school shooting committed by their child. The jury four women speaking out to NBC News. It was very difficult. It wasn't an easy decision. The thing that really hammered at home is that she was the last adult with the gun. After the verdict, family members of those four students hugging prosecutors. The moment you heard the verdict, what went through your mind?

Well, that I can breathe. Bragg Schilling lost his 17-year-old son, Justin. He loved life and he deserved to live it. The historic verdict following seven days of emotional testimony, culminating with Crumbly, taking the stand in her own defense. I wish she would have killed Austin's dead. Prosecutor suggested she was a negligent mom

who ignored mounting red flags about her son's behavior. She did not give him the help that he wanted. The defense, arguing Crumbly, was an engaged parent. No one could have expected this, including Mrs. Crumbly. Legal experts say this case may have implications

far beyond this courthouse. Does this open the door for parents to be held accountable for mass shootings, school shootings in the future? It absolutely does. I believe this will be used as persuasive precedent. But for Steve St. Juliana, it's simply justice for his 14-year-old daughter, Hanna. Anything you want to say to the jury?

Just thank you. for using common sense. And with that, Maggie Vespa joins us now live outside the courthouse in Pontiac, Michigan. Maggie, talk to us about the next step here, because now the shooter's father is set to be tried next. Yeah, Tom, exactly. They split up those trials on purpose, so he's coming up next. His trial is set to begin on March 5th, and he faces the exact same charges, four counts of involuntary manslaughter for the four classmates. his son has been convicted of killing in that deadly rampage.

It's also worth noting Jennifer Crumley's sentencing date is scheduled now to take place after that. That's set for April 9th. And if sentenced to the maximum, she could face up to 15 years for each of the four counts. Tom? Okay, Maggie Vespa for us, Maggie, we thank you for that for more on this unprecedented verdict. And what it means for the future of prosecuting the parents of mass shooters. I'm joined tonight by Sarah Azari. She's a criminal trial attorney and host of the true crime podcast, The Presumption.

And by Dr. James Allen Fox. He's a criminologist at Northeastern University. He oversees the Associated Press USA Today and Northeastern University's mass killing database and the author of Extreme Killing, Understanding Serial and Mass Murder. Okay, doctor, thanks for Dorian. Sarah, though, I'm going to start with you. This is the first of its kind trial. Do you think the verdict was appropriate? Absolutely, Tom.

Good to join you. you know, I'm a defense attorney, and all along I've been saying is that this mother is complicit. So it's not only appropriate, but it's significant. It's significant because I think it sends a message across that you can't hide behind being, you know, an overwhelmed motherhood when you're this criminally negligent. This, you know, the standard of proof, obviously, is beyond a reasonable doubt. It's the highest standard of proof. But the behavior, you know, was even higher in terms of egregious. here. So I think that, you know, this verdict is not an indictment on gun control. It's an

indictment on criminally negligent parenting. So I think it's absolutely appropriate. The evidence was overwhelming. Yeah. Talk to me about the evidence. What do you think swayed the jurors towards guilt? You know, I think it was the totality. But if I were to pick one thing, I think that drawing of Ethan with a gun and then the phrase, blood everywhere, and then all the red flags for months. ample time and opportunity that this mother had to get help for Ethan and didn't. Instead, she was tending to horses and an extramarital affair. I mean, all of this is, I mean, I think as a juror, I'd be angered at this, you know, and this is not just, oops, you know, I failed at the best I could. This is like, come on, woman, you know, you have to make sure that your kid

is safe as a parent, but also is safe around others. And she, you know, I think her conduct is clearly, egregiously criminally negligent. Dr. Fox, I want to turn to you now. I think no doubt this case and this verdict is going to have repercussions across the country, especially in the conversations and the way law enforcement looks at these cases. My question to you is, do you think at all it will dissuade future possible mass shooters from carried out these crimes? And just listen to me here for a second.

Sometimes you see these mass shooters and they have no emotion whatsoever. But sometimes, like in the issue of Parkland, they're crying like children, they are children, and they think about sometimes their loved ones, and they think about their parents. So I just wonder if this verdict in that situation may dissuade other mass shooters from committing crimes. So this is a verdict. The verdict in this case is largely because of the fact that there were four people killed. If there was one person killed, I'm not so sure this same verdict would have happened, or even the prosecution. And certainly her behavior was extreme in terms of negligence.

But the other element here, and this is where the message should be sent, is their 15-year-old should not be given a gun, no matter how much he wants one. That, I think, is a critical part here. We know we have laws regarding the age when someone can buy a gun. So essentially, this is a straw purchase. And in fact, you can look at, say,

even the Columbine shooting case where there was prosecution of an older teenager, who purchased a gun for the shooters because they were too young to obtain the gun that they used. So I think that's a critical issue here. Dr. Fox, as far as to say this, in terms of deterring other parents, the most likely thing to happen, if you're allowing your gun to have your son to have access to a gun and not paying attention to the warning signs, the most likely thing to happen is they'll kill you or themselves. And if that doesn't deter a parent from acting responsibly,

then the idea that the criminal justice system might punish them with a 15-year sentence is not going to be a deterrent. Dr. Fox, but what do we know about the sort of the mental makeup of some of these shooters? These, you know, they're school shooters, but a lot of times they're kids. I mean, do they have relationships where they have some type of affection for their parents? And I just wonder this first of its kind case if that will play into the scenario because we know that school shooters study other school shootings. Yeah.

Well, I don't think there's an attempt to punish a parent, if that's what just suggesting. And there's all different situations. There are some school shooters who have good relationships at home, and then others, of course, who don't. In fact, there are some school shooters who killed their parents. Right. Adam Lanzas, Sandy Hook, can't blame her because she's dead. He killed her before he killed 26th school.

The shooter in Thurston High in Oregon killed his two parents before going to rampage of school. So sometimes it's a more generalized anger in the child that spills not only to the school, but also onto the parents. Sarah, what does this do now for the case for the father? Well, look, you know, I think the father has a slightly different set of facts. I don't think he was involved as much with the school and the warnings. but he did buy the gun. You know, he did take him and buy the gun. And we have to remember, it's the same jury pool.

It's the same courthouse where his father is going to be tried. I would want to know if to the extent these jurors are going to talk exactly what swayed them, what evidence really mattered. And that father might want to see if the prosecution will offer him some sort of a plea deal. I think given this verdict, he should really reconsider, you know, his decision to go to trial. Talk to me about the appeal here, right? Because this is the part that I found somewhat interesting. They can't appeal, or at least she's not going to appeal until she knows what the verdict is with the father?

I think you have to file a notice of appeal. Every state has laws about the statutory time frame for that to preserve your right to appeal. But you can certainly decide whether or not to move forward with it at a later time. But I think she needs to file a notice of appeal so that she doesn't lose that right. Should she decide to appeal this? And then, of course, her sentence is a different story. Some of the stuff that didn't sway this jury, like being this overwhelmed mother, might make a difference in terms of a mitigating circumstance at sentencing.

And, of course, the prosecution will come in with aggravating factors. But at the end of the day, I don't think she's getting the 60 years. I think she's looking at a concurrent sentence of max 15. Dr. Fox, is this outcome something that law enforcement and parents who have been the victims of school shootings wanted, that parents that are negligent or at least a jury sees them negligent should be held accountable? I'm sorry, I missed part of the question.

I'm sure there's the desire to hold someone accountable in addition to Crumley himself who played guilty. But let me point this out that school shootings like this are still rare events. We have a couple a year where we have multiple victims

killed. It's still rare, fortunately. But the behavior of a child, troubled adolescents, who even admires mass shooters, who fantasizes violence, that's fairly common, unfortunately. And the most likely thing that a parent would face if their child is acting out like this or has warning signs like this is that commits suicide. Teen suicide is very frequent, unfortunately. Thousands of kids a year. These crimes like this are rare. So if helping your child, not getting your help the child, the most likely thing's going to happen is they're going to kill themselves. And if that's not an issue for you, then this certainly wouldn't be.

Dr. Fox, we appreciate your time. Sarah Azari, always a pleasure to have you on Top Story. We'll talk to you again soon, I'm sure. Next night in Washington, a federal appeals court ruled President Trump can stand trial after being accused of unlawfully trying to overturn the 2020 election. This comes after the court denied Trump's claim that he's immune from prosecution. NBC's Lord Jared has the details. Former President Donald Trump today dubbed citizen Trump by a three-judge panel in Washington ruling Mr. Trump is not immune from prosecution. The court saying, we cannot accept that the office of the presidency places its former occupants above the law for all time thereafter. The Trump campaign saying he'll appeal the decision, Trump himself bemoaning the ruling, saying a president of the United States must have full immunity in order to properly function.

and do what has to be done for the good of our country. Special counsel Jack Smith charged Mr. Trump last summer for his efforts to reverse the 2020 election results and stop the peaceful transfer of power. We will never give up. We will never concede. Mr. Trump's legal team has been trying to get the charges tossed out for months, arguing he should be completely immune from prosecution for any acts he took as president.

The court today unpersuaded, saying we cannot accept former president. Trump's claim that a president has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power, the recognition and implementation of election results. The Trump campaign capitalizing on the court's decision today with a fundraising plea as the Republican frontrunner frequently uses his legal setbacks as fuel for his latest White House bid. If you have a president that doesn't have immunity, he's never going to be free to do anything because the opposing party will always indict him as soon as he leaves the White House. With today's ruling, Mr. Trump's only hope at avoiding trial is for the Supreme Court to find

he is immune, which would have major implications in the other legal cases he faces as well. Laura Jarrett joins us now in studio. So, Laura, you mentioned it there at the end of your report. His next step, the former president, is to go to the Supreme Court and appeal this. When would that happen? And has that effect his timeline? He's got to do it fast, Tom, because the Court of Appeals has essentially tied his hands by saying he has until Monday to go to the Supreme Court and ask them to put a pause on this order. And then if he does that, everything will stay frozen. But if he doesn't go to the Supreme Court by Monday and get what he wants, then this trial is back on. Okay, I want to put up the calendar for our viewers, the political calendar and some of the cases now as well.

So when we look at this, it's going to start to collide at some point. Do you think these trial dates stick or do some of these moves? So I think the hush money trial, the one that's here in New York. It's a state case, relatively simple. It's about whether or not he falsified his business records before the 2016 election. We all remember that issue about Stormy Daniels. That, ironically, could be the first one that actually goes to trial. We've had so much focus on these federal cases. Obviously, there's also the election interference case in Georgia. No clear date on when that will go. There's the case about what happened with the classified documents after he left office. No clear date about whether that will go in May. It's the hush money one in March that might actually go first. And then this election interference won in D.C. might be right behind it later this summertime. Okay, Laura Jarrett, covering it all for us, as always. Laura, we appreciate that. We turn out of the deadly weather conditions out west.

California residents working to clean up after heavy rainfall brought landslides, mudslides, and flooding to the region. Look at this video. Debris flow in Studio City tonight, damaging numerous homes and forcing the evacuation of a neighborhood there. And that wet winter weather, unfortunately, not letting up in California with millions still under flood watches. Let's get right over to NBC Los Angeles reporter Alex Rozier in Brentwood.

Alex, thanks for joining us tonight. I know like the message had been to Los Angeles residents to stay inside, and we're looking behind you there. We see the reasons why. Yeah, Tom, we've seen several neighborhoods hard hit by this ongoing storm in Southern California. I want to step out of the way and show you what we're looking at here in Brentwood. We have watched city crews here all day, work to clean up and remove two eucalyptus trees that fell early this morning and took down power lines, but you can't fully appreciate and recognize how big of a mess they add on their hands until you see some of our aerial video that was

overhead earlier today. These trees, two of them, 80 feet apiece, that fell to the ground early this morning. Thankfully, amazingly, really, no one was hurt here. We spoke with one woman, a house sitter who was in her vehicle as the second tree crashed to the ground, and she told us that she watched it. She stepped out was okay, but she's thankful to be able to tell that story. We just got word from the power department that there's 3,000 people nearby that are without power. But this is just one of several scenes that we've seen in the city of Los Angeles and beyond. You know, I wanted to tell you about some numbers that we have as we bring you back out to the ground here and show you some of these city crews. They say that there's been

More than 250 fallen trees in Los Angeles alone, nearly 160 reported pothills, 300 plus mudslides, and 35 buildings that need inspections due to mudslides. So it's really been a mess for several days here, and we're going to get some new information, some new numbers coming in at 5 o'clock Pacific time. But you're looking live at what we see here in Brentwood, and we're going to be continuing to follow this storm that continues in Southern. California. You know, these pictures are devastating that you're showing us before you go. I know more rain is on the way. Is L.A. ready for this and can it handle more precipitation? I think there's a lot of concern tonight that this ground is so saturated now. I mean, this is a region known for sunshine. It has rained for almost two days straight. The ground is saturated. Even when it gets sunny and returns to normal, they're still concerned for mudslides.

good, but if there's even more rain in the near future, it could get worse. So there's some concern for many homeowners here in Southern California, Tom. Alex Rozier from our powerhouse station on the West Coast, KNBC. Alex, we thank you for your reporting. As we mentioned, California is still bracing for more of that wet weather. So let's get right over to NBC News meteorologist Bill Karens, who joins us live in studio tonight. Bill, walk us through what you're looking at. Yeah, three days of relentless rain. So we're now over eight inches in downtown LA, almost at eight and a half. This is 59% of their yearly rainfall in three days. I mean, that's pretty impressive stuff. Doesn't happen very often anywhere in this country. And it's still pouring. We

still have downpour right over the top of Los Angeles. This hopefully will be one of the last ones. Here's a zoomed-in view showing you the flood watches that are left. So we got about 26 million people still in flood watches. These will be dropped from any areas later tonight. Here's Manhattan Bridge. Here's Santa Monica. Here's downtown L.A. You can see the bright red and yellows, but there's nothing really behind this except scattered showers. I don't like to see this in the north of the Malibu Hills, either. Some heavy downpours near Thousand Oaks. So there are some still trouble areas, and we could easily have mudslides because everything's just soaked and saturated. It won't take much, but we should only get another quarter inch to a half inch in this

area. And here's the good news towards the weekend. The storm moves out. Friday looks good. Saturday, the sun returns. Sunday looks great for the West Coast, too. So the recovery begins in earnest starting tomorrow. Okay, Bill, we appreciate all that. We want to move on now to the Middle East, where tonight tensions are intensifying. Houthi rebels once again striking back, this time attacking two ships in the Red Sea. The U.S. firing back, NBC's Courtney Kubi, takes us on an exclusive look on board a guided missile destroyer as aggression in the region escalates. Tonight, Iranian-backed Houthi militias showing no sign of backing down, attacking two more ships

in the Red Sea with six missiles causing minor damage, according to U.S. officials. After the U.S. and British military struck three dozen Houthi sites in Yemen in an effort to deter Houthi attacks on ships. The U.S. Navy tasked with defending against them. The weapon we're most concerned with is ballistic missiles. Like the one that hit this ship, the Marlon Wanda, in January. How would you describe the environment out here right now? I'd say this is, it's a pretty intense environment out here. As captain of the USS Mason, Commander Justin Smith has to make a split second decision.

to shoot down an incoming missile. We're talking a matter of seconds here. But my decision space, as a commander's decision space, on whether I'm going to engage that inbound threat, I have about 10 to 15 seconds of decision time. The ship's spy radar first detects the missile launch hundreds of miles away. Sailors quickly put on their fire-resistant gear

as they assess what was launched. I assess as anti-ship ballistic missiles based off speed, altitude, and maneuvering, inbound basin. U.S. fires its own missile to hit the incoming Houthi missile. Here in the ship's control room, they practice shooting down missiles over and over. In a rare interview, we spoke with the captain who runs Operation Prosperity Guardian, which defends against Houthi attacks. I won't beat around the bush. This is a kinetic environment. The Houthis have caused a lot

of mayhem out here. Courtney Kubey joins us tonight from Bahrain. So Courtney, you've been able to sort of see this military procedure up close. I know you spoke with one of the commanders that mentioned the concern for these ballistic missiles. Can you explain to our viewers how these attacks from the Houthis are conducted and the damage it does to these cargo ships? Because I have to imagine they have no defenses. Do they even have enough hoses to put out the fires once they're attacked? Yeah, that's right. And there were actually six anti-ship ballistic missiles fired towards two commercial ships today. And one of those missiles struck one of those ships. ships. Fortunately, there was only minor damage. Now, the U.S. military and these allies who are

in this region, in the Southern Red Sea and out into the Gulf of Aden, they are working to defend against those kinds of attacks. But the reality is it's an enormous stretch of sea that they have to cover with a finite number of ships, and they simply cannot defend against all of these. The Houthis are firing these from inside their areas, inside Yemen, that they control, and there are a lot of different locations. Even after multiple U.S. and British military strikes inside Houthi-controlled Yemen. Officials say they still have a pretty significant amount of these ballistic missiles and their overall military capability still available to them. So the reality is, even with air strikes, the Houthis continue to threaten

and attack ships in the region. Tom. Courtney Kubey reporting from Bahrain tonight. Courtney, thank you for that. We want to stay in the Middle East now and head to the war in Gaza. We're fighting still ranges on more than 100 Israeli hostages remaining captivity. Today, the Qatari Prime Minister, alongside U.S. Secretary of State Anthony Blinken, providing updates on a potential deal to release those hostages, pause fighting between Israel and Hamas, and increased humanitarian aid to Gaza's civilians. Those negotiations, part of a joint effort in Paris between the U.S., Israel, Qatar, and Egypt to de-escalate this war. I want to bring in Ralph Sanchez from Tel Aviv to walk us through

the possible deal. Raf, get us up to speed here. Hamas has already responded to the framework. What is their reaction? Tom Hamas, not saying definitively yes or no, but saying that they have studied this framework that came out of Paris and they have changes. They repeated in a statement tonight their long-running demands. One, that any deal that leads to the release of hostages must also lead to the end of the war in Gaza. And two, that thousands of Palestinian prisoners, some of whom have convictions for terrorism offenses, be released from Israeli jail. Now, Prime Minister Benjamin Netanyahu of Israel, under intense pressure from the far right of his government, not to make concessions to Hamas, has said he is not prepared to agree to either of those terms. We did hear from President Biden at the White House earlier tonight.

He said some of Hamas's demands are, quote, a little over the top. We don't know exactly what the detail he is referring to there. But Secretary of State Blinken landed here in Israel tonight. His motorcade actually passed our live-shot position just a little while ago. He is meeting Prime Minister Netanyahu tomorrow, trying to close the gaps between the two sides and trying to get this deal over the line. And then, Raf, you know, a headline that has been sort of making its rounds around here in the U.S., it's from the Israeli intelligence suggesting that more than a fifth or a fifth of the Israeli hostages in Gaza have been killed.

How have they been able to sort of gather this intelligence? And what are Israelis saying? Yeah, Tom, so 31 out of the roughly 130 hostages, Israel now believes to have been killed. It is a difficult, it is a painful process trying to confirm the deaths of people whose bodies you can't reach because they are being held by Hamas. They rely on a combination of DNA evidence if they found DNA inside of Israel that suggests that this person was killed on October 7th and their body was then taken into Gaza. Alternatively, they are listening very carefully to accounts of the hundred or so hostages

who were freed under the last deal trying to figure out who is alive, who is dead. Tom, Hamas made very clear. On October 7th and ever since then, it sees these hostages as human bargaining chips through which to extract concessions from Israel. A dead hostage is not worth as much as a live hostage.

in this grim exchange rate, but Israel has made clear it is important to them to recover the bodies of these hostages, to give families closure, to be able to give them proper burials, and they do have a value to Hamas in these negotiations. Rob Sanchez for us tonight. Raf, we thank you. Still ahead tonight, the frightening bank robbery in Florida, a suspect armed with a knife, holding two people hostage inside a Bank of America. SWAT teams called in how the situation finally came to an end. Plus, the new report on the door that blew off an Alaska Airlines plane mid-flight. It appears the bolts needed to secure the door were taken off and never put back on.

We have more details. And a pot of orcas trapped in ice off the coast of Japan. Video capturing, struggling to break free, what could have caused this and the potentially troubling news we're just getting from the region? Stay with us. We're back tonight with a troubling story out of Japan. New video shows a pot of at least 10 orcas, stuck in icy waters, and it appears they're struggling to break free from the chunks of ice surrounding them.

You see them right here. The orcas were first spotted by a local fisherman located off Japan's northern island, Hokkaido. To help us get a better understanding of this, we're joined by Howard Garrett. He's co-founder and board president of the Orca Network. Howard, thanks for joining Top Story tonight. I want to get right back to that video because it really sort of stops you in your tracks. You see these orca whales, and they're trapped, and they're trapped in ice, and it's unclear what's going to happen to them.

What's your understanding of this situation right now? It is gut-wrenching to see them there. My understanding is that these are fish-eating orcas. By the group size, they look like resident type, which means that they chase salmon, probably up against the shoreline, and that the wind comes. from the north, cold winds, you're pushing those ice sheets up against that shoreline. So it's just packing in around them, and they were not able to get out of there. Is it your understanding, it looks to be a dozen, maybe more of those whales, that nothing can be done?

There's no sort of ice-cutting vessel that Japan can send out. The location, I understand, may be too remote, too hard to get to. Time is of the essence, unless a big icebreaker can get in. in there real fast, but the winds continue from the north, and that arctic ice is just piling up and piling up. And they were just gasping for breath with that little hole

that they had, and I'm not sure that that hole is still there for them. We know these killer whales are brilliant creatures, right? What is it about them that sort of is off in these situations? I know this has happened before, and every now and then you see whales that beats themselves. What do

you think maybe happened in this situation? I understand you think they were hunting, but there's nothing that. It's something that they can tell that they're taking too much of a risk in getting this close into the ice? Well, yes. It's about the shape of the land and the weather events. It's just that wind is coming in and blowing those ice sheets. And so it's a very dangerous operation for them at this time of year. It happened before about 15 years ago when nine perished because they were trapped in the ice. It's just an unfortunate combination of,

circumstances that causes the ice to close in around them. One local Japanese outlet is claiming the orcas are missing as of noon. If that is true, do you think the orcas have freed themselves or do you think the news could be worse? I am very concerned because they had so far to go. They can stay under for 15 or 20 minutes sometimes, but there were some cabs, and so they wouldn't be able to stay under that long to get that far out of there. and it probably lengthened the distance to the open water so that they probably weren't able to get out.

I mean, I fear for the worst. Howard Garrett, we hope you're wrong. We hope maybe these workers are alive and we're able to free themselves. If we get that information, we'll definitely bring it to our viewers. We appreciate your time and for you joining us here on Top Story tonight. When we come back, we have an urgent Listeria warning. The dairy products sold that major retailers,

including Whole Foods that have been linked to at least two deaths, What Consumers need to know. Back now with Top Stories News Feed, and we begin with the deadly standoff between police and an armed robbery suspect at a bank in Florida. Police say the suspect held two people hostage at Knife Point while trying to rob a Bank of America

in Fort Myers. A witness told our local station, the man also claimed he had a bomb. Police say a SWAT sniper eventually shot and killed the suspect. No one else was hurt. An update tonight on the investigation into the blowout incident on board an Alaska Airlines plane last month. According to investigators from the National Transportation Safety Board, bolts securing the door plugged to the frame of a Boeing 737 Max 9 were missing before the plane the panel blew off.

The preliminary report saying the bolts had likely been removed during a repair to the panel in September and not put back on. The repair had been completed by a crew from a flight. supplier, spirit aerosystems, federal investigators did not release an official cause of the incident. And a consumer alert, the CDC and FDA investigating a deadly Listeria outbreak linked to Kesso Fresco and Contiha cheese. Health officials say two people have died and dozens more have been sick and nationwide. According to the CDC, cheese is manufactured by California-based company Rizzo Lopez Foods tested positive for Listeria in January. The variety of products sold at major retailers includes Whole Foods.

Okay, we move on now to power and politics tonight voting underway in Nevada as the state holds its presidential primary election, both Democrats and Republicans, hoping to reel in support from the state's Latino voters. Latinos making up more than 30 percent of Nevada's population. The swing state now even more volatile as one of its key voting blocks becomes increasingly split. NBC's David Noriega explains. North Las Vegas, Zipcode 890.

3030. According to the census, the most Hispanic place in Nevada. Seven out of ten people here are Latino. And this is where many spend their weekends. This is broad acres. It's a huge flea market, swap meat, music venue. It's been here for decades, and it's really kind of the beating heart of the Latino community here in North Las Vegas. Mario Alvarez immigrated from Halisco, Mexico, more than 30 years ago. On the weeknights, he stalks supermarket shelves. On the weekends, he sells old video games.

video games. Super Nintendo. Yeah. Alvarez voted for Biden. Now he's flirting with the other side. Everything too expensive. There's a lot of people we cannot afford food, rent, gas. What do you think about Donald Trump?

You know, I think Donald Trump, it can be a good president for the country. But there's a lot of stuff. He does wrong. I think he got so much hate for some people that he's not. that he doesn't like him, he just want to be himself, me and me and me. But as far as to bring the economy with the country, I think he would be great. Do you know who you're going to vote for? Not yet.

Most Latino voters here are either Mexican immigrants or their children and grandchildren. They used to vote solidly democratic, but that's changing. Trump made gains in 2020 in the five most Hispanic voting precincts in Nevada, all in North and East Las Vegas, just like he's making gains nationwide, now virtually tied with Biden among Latinos in our latest poll. I voted for Obama twice, and Trump was the first Republican president I voted for. Lydia Dominguez, who's from El Paso and moved to Vegas about five years ago, is all in for Trump.

I asked her why she thinks more and more Latinos are joining her. Because they see what's happening with our economy. They know what the gas prices were, even in 2020. We weren't born yesterday. We recognize that all of the immigrants coming in through our border is not helping. It's causing crime. I grew up around the corner. Erica Castro is a community organizer who grew up down the street from Broad Acres Market.

She'll be working this year to get out the vote for Biden. But she worries it might not be an easy lift. I think for the last few decades, the Democratic Party has really said, you know, we're going to deliver on immigration. And that's been a big talking point for the Latino community. But I think for a lot of Latinos, they haven't seen Democrats deliver on immigration. They've actually seen things get a lot worse. Democrats have historically been able to count on the Latino vote here in Nevada. Is that still true?

I think they're going to have to really work for it. David Noriega joins us tonight from Las Vegas. David, so what trends are you noticing as you speak to Latino voters? And what has surprised you, or at least sounded differently from other election cycles when you're talking to Latino voters? Tom, really the main thing is how much people's votes are up for grabs in a way that they haven't been in past election cycles. It's really unpredictable. You have a lot of people who historically voted Democratic who are now not feeling particularly

motivated to vote at all. And you have a lot of people, particularly among Latino men, who are seriously considering a vote for Trump, mostly because of the economy. Now, remember that Latinos are an important voting bloc, not just here in Nevada, but in several key swing states this year. Different Latino communities vote differently in different parts of the country, but there's a world in which the election in November is decided by which way the vote swings in some of these communities. Tom? All right, David Noriega from the campaign trail for us.

Coming up, the desperate search for a missing child in Gaza. A six-year-old last heard from a week ago when she made an emergency call saying she was in a car and her entire family was killed. Rescue was unable to find her. The child's heartbroken mother now looking for answers as hope is dwindling. story next we're back now with a heart-wrenching story out of gaza a six-year-old girl trapped in a car with five of her family members who were shot and killed as they tried to flee gaza city the child begging on the phone for someone to help her for hours but she and the first responders who tried to come save her have now been missing for eight days a warning to viewers at home you may find this

hard to watch mbc's megan fitzgerald has this story for more than a week the family of six-year-old Hindvajab has been in agony. The terrified child last heard on this emergency call. Hinn's mother had put the six-year-old in a car with six other relatives to flee heavy fighting in Gaza City. Her mother says, her mother says, As the car left, Israeli forces opened fire on the vehicle. Everyone in the car killed, except for Hind and her 15-year-old cousin, Leanne, who made the initial call for help.

Her mother losing contact with Leanne and fearing the worst. Her mother losing contact with Leanne and fearing the worst. HINNED, Kallelma, and you know, my mom, it's good. HIN staying on the line with the Palestinian Red Crescent operators for more than three hours. We're all with you, and we're all we're waiting with you. Telling them she was scared of the dark and pleading for someone to help her. The redressas? Yes.

Oh, I'm going to, I want to get it. But not in my head, now. The Red Prescent sent an ambulance to find Hind, but they lost contact with the drivers Ahmed and Youssef, and no one has heard from them or the six-year-old since. The IDF telling NBC News it's unfamiliar with the incident. The president. The PRCS says Hinn's call, Hinn's call is one of the hundreds of calls their team receives daily, adding that anywhere the IDF has tanks is declared a military zone, requiring special permission to move in, even if there are civilians, injured, unarmed or trapped.

Since the start of the war, about 75% of deaths have been children, and about 17,000 minors are unaccompanied or separated from their families. But Hinn's mother still desperately clinging to the hope that her daughter will come home. Please, please, please, please, now, now, give me a children now. Megan Fitzgerald, NBC News, London. An incredibly sad story. Again, that was Megan Fitzgerald reporting for us. All right, we're going to take a look at what else is happening around the world. It's time for Top Stories Global Watch.

Chile's former president, Sebastian Piniera, has died in a helicopter crash. In a statement, his office confirmed he was killed when the chopper crashed in the Los Rios region. According to the Chilean Interior Minister, three other people were on board, but they survived. It's unclear what caused the crash, but there was heavy rainfall in the area at the time. Biniera served as the Chilean president from 2010 to 2014, and again, 2018 to 2022. That term included widespread protests over economic issues in Chile. Biniera was 74 years old. Okay, a deadly ice storm causing a travel nightmare in central China days before the Lunar New Year.

This new video shows rescuers cutting through the debris of a trapped home to try and rescue people stuck inside. The storm also shutting down highways and causing mass flight and train cancellations across the region, and this comes during one of the busiest travel weeks there. At least two people have died. Cold temperatures are expected to continue over the next several days. And a health emergency has been declared in Brazil over rising dengue fever cases as carnival season gets underway. Officials say there have been 10,000 reported cases of the mosquito-borne disease in Rio just since the beginning of January. Fumigators are spraying the highest affected areas. People are encouraged to use repellent and avoid any standing water. Two million tourists are

expected to visit Rio for Carnival this year. Okay, when we come back, we're going to switch gears just a little bit. We're betting on the Super Bowl. I mean, we're not. We're talking about betting on the Super Bowl. While the Chiefs and 49ers are vined for a big win, millions of fans are just looking for a payday, a look at the bets expected to be placed before Sunday, including all the Taylor Swift bets, including if Travis Kelsey will be getting a ring and giving

one to his superstar girlfriend. That's next. Finally, tonight, Super Bowl Sunday will be a night for the record books no matter who wins. But it will also be a historic night for gamblers. More Americans than ever before are expected to bet on the big game. Kaylee Hartung has more on the Wild Questions fans are betting on, and how Taylor Swift could be shaking it up. The 49ers are going to the Super Bowl. As the San Francisco 49ers and the Kansas City Chiefs gear up for a highly

anticipated Super Bowl rematch. Many fans are also preparing for the big game. The only way they know how by placing their bets in historic numbers. There's going to be a lot of betting on the Super Bowl this year, probably more legal bets than at any other time in history. It's beyond just something people do. It's beyond an activity. It's also a cultural pastime in a lot of ways. It's a social thing that people do together. Nearly 68 million Americans are expected to bet on Super Bowl 58, smashing the all-time record. They're projected to spend an popping sum, $23 billion, up 44% from last year. And with the Super Bowl in Las Vegas this year, Sin City also expecting a marquee weekend. This isn't our first rodeo. It might be our first

Super Bowl, but I'm going to tell you, we have an A game in this town, and we will bring it for a Super Bowl weekend. Sportsbooks in Nevada forecasted to break a two-year-old record for largest Super Bowl handle ever, driving the surge in Super Bowl betting, a nationwide move to legalize sports betting. A lot of people want to do this. They want to do it legally. Certainly a lot of states see benefits of legalizing it that they could get tax revenue and the operators want to offer it. In just the last six years, 38 states have passed laws allowing gambling on sports. If you have any on specific props or specific angles that you're looking at. But it's not just the outcome of the game fans will be wagering on. Sportsbooks also offer hundreds of proposition bets called props,

letting fans guess everything from how long Ribot McIntyre's National Anthem will be to the outcome of the opening coin toss, even the color of Gatorade thrown on the winning coach. The props are more popular than ever. We'll probably see about 67, 68% of our handle will be on the propositions. Usher's Super Bowl halftime show, also driving a lot of action. Bookmakers offering odds on which surprise guest might join him on stage. This girl is on fire. One has Alicia Keys is the favorite, with Post Malone and Ludacris close behind.

Taylor is in the house. But the biggest action of all, maybe about this year's most famous NFL fan. Taylor Swift, the center of attention on the sidelines this season, amid her whirlwind romance with Chiefs tied end, Travis Kelsey. Most U.S.-based sports books can't offer bets surrounding the megastar, but books based abroad have put dozens on the table. Will she be at the game? How many times will she be shown on camera? And will Kelsey pop the question? One book has the odds of a proposal at just six to one. Is there going to be on another ring besides the Super Bowl ring if you win this thing on Sunday? I'm focused on getting this ring. That's all my mind's focused on right now.

A possible storybook ending to a season to remember. Kaylee Hartung joins us tonight from Las Vegas. Kaylee, it's great to see you. Let's talk about these Taylor Swift bets, right? Why are most U.S.-based books not allowed to offer these bets on her, but books based abroad can? Yeah, so Tom, one expert explained to us there are two reasons. For one, any Taylor-based bet is not tied to results of the game. And a general rule of thumb for U.S. sports books is that you have to be able to find the result of that bet in the box score. As much as Taylor likes supporting and wearing the number 87, it's Travis Kelsey's number.

She doesn't have a number on the roster. so you won't see her in the box score. And for two, there could be integrity concerns about any Taylor-based vets because there could be people who have advanced knowledge of the answer that the bet is trying to find. So, you know, U.S., state-by-state regulations guide all of this, and there are these strongholds against novelty bets like those about Taylor, Tom. Well, Kaylee, not saying that we would ever bet on something like that,

but let's just say, and I think the odds are six to one or something like that, Travis Kelsey proposing to Taylor Swift if they win the Super Bowl. Do you think that's something we could see? No. If you're asking my opinion that is based purely in context clues, I am going with no. I think that Taylor and Travis are having an absolute blast getting to know each other and being a part of each other's lives, supporting one another. But I think there is a certain level of privacy that they would like to uphold. And I've gotten into Travis covering him in the NFL, and I just don't think that a proposal on the Super Bowl field,

even if he's got a Lombardi trophy in his hands, is the way he's going to play this, Tom. All right, Kaylee. We'll see if you were right. Thanks so much. And thank you for watching Top Story tonight. I'm Tom Yamous in New York. Stay right there.

More news on the way.