Top Story with Tom Llamas - Wednesday, April 12, 2023

Episode Date: April 13, 2023

A former recycling plant in Indiana burns toxic fumes, horrifying 911 audio released from the Louisville bank shooting, the Biden administration categorizes a growing elicit drug cocktail as an emerging threat, the California plastic surgeon just charged with murder after their patient died during a procedure, and the iconic hit songs just inducted into the Library of Congress.

Tonight, the toxic threat in Indiana as a former recycling plant just keeps burning. Massive plumes of hazardous smoke seen over the small town of Richmond. 1,500 people forced to evacuate. Schools closed. Firefighters battling dangerous conditions to get the blaze under control. Was the facility's owner warned about the danger beforehand? Our team on the ground there and Indiana State Fire Marshal joins Top Story with more on the at this hour. Lawmakers reinstated. Two Tennessee Democrats voted back into their state

legislature seats one week after their highly controversial expulsion. Their message to supporters across the country and how their Republican colleagues are responding. Plus, the horrifying 911 calls released from that mass shooting at a bank in Louisville. One person witnessing the shooting on a video conference, another person calling authorities while hiding from the gunmen. A woman identifying herself as the shooter's mother also calling for help after learning her son was heading to the bank with a gun the apology today from the suspect's family as Louisville gathers for a vigil to honor the five victims plastic surgery murder a California plastic surgeon now facing murder charges after a patient died on his operating table five years ago

the new evidence that prosecutors say proves he'd let her die reduced to rubble The moment of building near the U.S. border with Mexico collapsed, what investigators believed caused it to crumble. And the record settlement for e-cigarette maker Jewel, the company forced to shell out a whopping $462 million. Over allegations, it helped create a vaping epidemic in minors. The other legal battles, Jules, still faces. Top story starts right now. Good evening. I'm Gabe Gutierrez. In for Tom Yamas. We begin with the fire at a former plastic recycling plant in Richmond, Indiana, still burning out of control. The entire 14-acre complex now engulfed in flames. And local fire officials say it will take days to extinguish. The only 1,500 residents within half a mile of the plant have been forced to evacuate. Those outside the evacuation area urged to shelter in place. City officials now saying, the business owner had previously been cited but ignored in order to clean up the property.

Just moments ago, I spoke with the Indiana State Fire Marshal about the challenges fighting the fire and the ongoing threat to residents. But we begin with Maggie Vespa, who was on the ground for us tonight. A billowing plume of hazardous black smoke hangs over Richmond, Indiana tonight. Spread and fast. After a former plastics recycling plant went up in flames Tuesday. We got one way into the... this fire. A hurdle for firefighters navigating the 175,000 square foot site, semi-trailers and

buildings packed with plastic, which they say acts as pure fuel. The entire complex is either burning or has burned. And we're looking at close to 14 acres worth of plastic. There were no serious injuries, but the toxic inferno forced more than 1,500 people from their homes. Local schools closed today. The evacuation zone covers a half-mile radius around that fire, in we saw the smoke roughly 20 miles out and now we're a mile back and this is our view i am not doing so well christina cox's home is just 200 feet from the plant how scared were you oh my god i've never been that scared i was in tears i bet he'll take that whole building now she shot this video before fleeing with family photos and her cat my home is here and i don't want to lose my

home i've never laid my head down and cried as much as i did yesterday the EPA says it has detected particulate matter from the fire, the agency monitoring for cancer-causing toxins. So far, officials say none have been identified. Meanwhile, city officials are blasting the site's owner. This business owner had previously been cited by our unsafe building commission and given an order to clean up the property. That order was ignored. NBC News reached out to the last known company to operate the plant. So far, no response. And tonight, there's no word on when residents will be able to return home with the fire expected to burn for days. And Maggie Vespa joins us now live from Richmond, Indiana. Maggie, I see you're wearing a mask.

What precautions are you and your team taking to keep yourself safe? Yeah, Gabe, you pointed out the most obvious one, right? I mean, officials have said that areas outside the evacuation zone are safe, but they said within a certain proximity of the planet, and you can see it's still burning behind us. They do recommend people wear a mask. And I should also point out, we're up wind from the fire, which is a huge factor here. We can't smell or feel the smoke breathing in and out. So definitely staying safe in that way, but still taking every precaution. We see these fire trucks going behind you there.

And officials are also warning about debris floating from that fire. What more do we know about that? Yeah, really interesting. People have been reporting that basically debris, like chunks of walls and chunks of the roof, have been sort of wafting into their yards at times miles away. And officials have said that because of the age of that property and the age of the buildings on it, it's very possible that that debris contains asbestos. And because of that, they're asking people not to touch it.

Gabe. Maggie, thank you. And for more on this fire and the ongoing threat to public safety, I want to bring in Indiana State Fire Marshal Stephen Jones. Mr. Jones, thank you so much for joining us here on Top Story. So what do you feel is the greatest threat to residents right now at this hour? And what can residents do to reduce their exposure? Yeah, the greatest threat right now is just the smoke. The smoke's carrying it to the east, and so the residents that live immediately adjacent to where this fire is occurring have been evacuated, and they will be for a little bit more.

They've made some progress on the fire today, so hopefully things will start getting better real soon. And so tell me about the response on the ground here. You know, how hard has fighting this particular fire been? It's been real challenging. As soon as the firefighters pulled out of the firehouse, they could see the smoke. They already had a large fire starting out. And so access to the building, it was hampered because a lot of exterior storage, a lot of plastics, and the fire was moving very quick.

And so as the fire service, you get used to working with fires, but this one was moving extraordinarily quick. And so thankfully for the Richmond Fire Department did a great job in tactically deploying their troops and getting the fire engines in the water so we could cut it off before it got into a residential neighborhood. And Mr. Jones, we've been hearing from local officials that this business had been previously cited for unsafe building regulations. So what have you learned about this facility and how can situations like this potentially be prevented? Yeah, they had been cited. I don't know all the particulars, but for us to be able to put a fire out, we've got to have access to the facility. And there was so much storage in the facility that we couldn't get access, get the fire trucks in, to be able to deal with the fire real well. And so it was real challenging in that we just had to change what we usually do and just try to find a good place where we could stop the fire.

And so, Mr. John, the evacuation order still remain in effect. community schools are closing for a second day tomorrow. Do you have any sense on how long these evacuation orders will last? I'm not sure. I know they've made great progress today. We don't have near the smoke we had yesterday. And my hope is tomorrow we'll have great progress again. And so they're making a good impact on the fire. So hopefully here in a day or two that we can clear the air and be able to get kids back in school in Richmond. Indiana State Fire Marshal, Stephen Jones. Thank you. We turn now to the fire danger here in the east. A massive forest fire erupting in New Jersey. The inferno ripping through nearly 4,000 acres in Manchester Township. The flames now 60% contained after 170 homes were evacuated. Warm and dry weather is expected over the next several days, threatening the region with more dangerous weather. So let's get right to NBC meteorologist Bill Cairns. And Bill, they're watching quite a bit across the country. But what's the latest on that wildfire threat?

Yeah, the New Jersey threat's going to diminish a little bit, but it's been so warm and so dry. You think of spring, everyone thinks, oh, spring flooding. But if you don't get the rain, you know, you have all the dead vegetation from the winter. And if you don't get the rain, it's just sitting there. And if you get these warm days and breezy days with low humidity, you can get brush fires really anywhere. And so that's the case right now. So from Pittsburgh to Washington, D.C., everywhere, these red flag warnings. These are all areas where no one should be burning.

This is not a good time of year to do that from Omaha all the way back down. through Denver and areas of the south. That includes 67 million people. And you'll probably notice it. Obviously, everyone's talking about how hot it is, how warm it is so early in the season. But you probably notice that your hands are dry, your lips are dry. They do put the relative humidity is very low, 20%. So in the summertime, when it's humid, these numbers will be up there like 70, 80%. Right now, they're 15 in Charleston, 27 Boston. These numbers, when firefighters see see this stuff like this, that's when they're like, uh-oh, look out, we're going to be in trouble because if any fires do for them, they can spread rapidly. And look how warm it is. And here

Here's a crazy statistic. Houston and New Orleans are the chilliest locations east of the Rockies. It's 20 degrees warmer in Minneapolis right now than it is in Houston. You're almost at 90 right now, Gabe. So that's pretty incredible stuff, and that's why we have the fire danger. Houston is the chilliest at this point. That's incredible. And Bill, as if that wasn't strange enough, the extreme heat is also prompting some flooding concerns, right?

We had a couple snowstorms, especially in the Dakotas and in Minnesota, as we ended the winter and into early portions of the spring. And now we're very concerned. I mean, I just showed you it's almost 90 degrees in Minneapolis. The snow is melting incredibly fast. We know that the mayor in Fargo, they're starting to do sandbags. We're very concerned with the rivers, especially the Mississippi River, coming down from Minneapolis, southwards, down towards St. Louis in the next two weeks, and also in areas of North Dakota. We already have some flooding like you're seeing happening right now, but we expect next week we're going to have a lot more stories on the flooding in areas of the plains in the Midwest. Wild weather in so many ways. Thank you. Now to Memphis, where hundreds turned out as the second of two lawmakers expelled

from the Tennessee House of Representatives for protesting gun laws was reinstated today. Here's Blaine Alexander. The vote happened in less than a minute. Thyin passes. Tonight, ousted state representative Justin Pearson is headed back to his seat in the Tennessee State House. The decision was in the hands of the Shelby County Commission. Among the seven members who showed up, a unanimous decision to reinstate Pearson, one of two lawmakers whose unprecedented expulsion has become a national

rallying cry. They tried to expel the people's choice and the people's vote. And they awakened a sleeping joy. Last week, Tennessee's Republican-led House voted to expel Pearson and fellow representative Justin Jones, both Democrats, after they broke House rules while protesting gun laws. This is what democracy looks like. Today, surrounded by a Proud of hundreds. Both lawmakers gathered at the National Civil Rights Museum before marching with supporters to fill the commission chamber. What does it say to you that so many people are supporting you? Justice happened in the state of Tennessee today, tomorrow, and into the future. Republicans say the expulsion was fair punishment for violating House decorum, speaking into bullhorns on the House floor.

But critics say it sets a dangerous precedent. Now, a group of Senate Democrats are calling on the Justice Department to determine whether that expulsion violated the Constitution. or federal civil rights, writing, unless the DOJ steps in, anti-democratic actors will only be emboldened. And now Pearson heads to Nashville, where he will be sworn in tomorrow morning. Gabe. Blaine, thank you. Turning now to desperate calls for help during this week's deadly mass shooting at a bank in Louisville. Police releasing audio of the 911 calls made during the rampage, including one call from the shooter's mother. Morgan Chesky reports.

Oh, my God, there's an active shooter there. Oh, my God. Frantic calls for help amid a gunman shooting spree. Newly released 911 audio, capturing the first call of many. How do you know you have an active shooter on this site? I just watched it. A video conference call giving a bank employee across town, a terrifying view as the gunman opened fire. Those inside Old National Bank calling seconds later, giving police crucial details.

Eight or nine people have been shot. Uh-huh. Are you with any of them? Yes, but I'm in a closet hiding. As the gunman opened fire on police in agonizing weight. Is that shot fired? Yeah. Okay.

Just stay quiet. And then a call from a woman identifying herself as the shooter's mother. This is his mother. I'm so sorry. I'm getting detailed secondhand. I'm running through now. Oh, my Lord. Who heard from her son's roommate that something was wrong.

He's not violent. He's never got anything. Please. Okay, and you don't believe he owns guns? I know he doesn't own any guns. His mother unaware, he purchased a rifle just six days earlier. The family telling NBC News overnight, no words can express our sorrow, anguish, and whore.

At the unthinkable harm, our son Connor inflicted on innocent people, adding he had mental health challenges, but there were never any warning signs or indications he was capable of this shocking act. In just seven minutes, nine were injured and five lives were long. Tonight, memories of the victims flooding in, including 40-year-old Joshua Barrick, a husband and father of two. The last thing he said to me was, I'll do whatever you need me to do. And that's just, that's the type of guy he was. Tonight, a community ripped apart by violence, coming together to heal. So hard to hear some of those 911 calls. Morgan Chesky joins us now live from Louisville.

And Morgan, you're outside of community center where a prayer vigil just wrapped up. What are you hearing from some of the members of the community there? Yeah, Gabe, this was a service that lasted at least an hour, packing hundreds of people here into this center where we heard from local leaders, from those close to the family. But the overall message here was split, Gabe. It was equal part support for those who knew the victims, their families, who now face an instrumental task of trying to move forward despite this unspeakable loss. But another part of the message was very much change here. We heard from person after a person who expressed frustration, even anger, at the fact that these incidents keep happening across our country and seemingly nothing is done about it. I spoke to one gentleman in particular who's lived in Kentucky for the last several years, and I said, do you believe real change can happen here in a Republican-led state knowing the current status of gun reform?

He says, absolutely, we just have to make sure our voices are heard. He echoes the mayor's sentiment as well, calling for autonomy so that Louisville can handle what he's calling a unique gun epidemic. Gabe? Morgan Chesky, live for us in Louisville. Morgan, thank you. Next tonight, a bombshell development in the Dominion v. Fox News defamation lawsuit. The judge overseeing the case now imposing sanctions on Fox News for withholding evidence, saying that he's considering an investigation into how the media organization handled documents relevant to the case. More on that and other legal headlines of the day.

And let's bring in NBC News, legal analyst Danny Savalos. And, Danny, this trial is set to begin on Monday. So what could these sanctions mean? Could it delay the trial? It could possibly. And believe it or not, sanctions for playing games with discovery happen all the time. And the reality is most of the time it probably goes unpunished and undiscovered because really litigants are on their honor to produce documents.

Often you find out from some third source, third party, that, hey, there are these documents that this party should have had, and that's how you find out they've been playing hide the ball. But sanctions, courts have incredible range of discretion when it comes to sanctions, and that can include striking the answer. In other words, deeming the defendant to simply be liable. That's an extreme remedy, not likely to happen statistically, but it can happen and it does happen if it's particularly egregious. And, Danny, I want to make a turn here and ask you about another legal headline today. This one about former President Trump. He's now suing his former lawyer, Michael Cohen, for $500 million for alleged breach of contract, accusing Cohen of spreading falsehood.

So does Trump have a case against Cohen, who was most recently a key witness in the Manhattan DA's criminal case against the former president? These are the major theories behind the complaint. Number one, that Cohen, as a former attorney, still owes or owes him. Trump the duties of confidentiality that I owe to my clients, and you can be disciplined for that. Number two, that Cohen had signed non-disclosure agreements, and in doing so, in telling his story and writing his book, he violated those non-disclosure agreements. Those are the major gists, and that, in addition, Cohen is just generally according to the complaint. Unreliable

is a, you know, tells a lot of falsehoods. I'm quoting from the complaint, is a liar, that kind thing, which, of course, Cohen disputes and denies. But, you know, there is in the record that he did plead guilty in the complaint cites sentencing memoranda from the government that paint rather an unflattering picture of Cohen, but not one that we didn't already know about Cohen. Danny Savalas, thank you. We turn now to power and politics and a potentially significant announcement in the race for the White House. South Carolina Senator Tim Scott launching a presidential exploratory committee. He's considered a rising star in the Republican Party and even delivered the GOP response to President Biden's state of the union address back in 2021.

Senator Scott taking on Democrats in his announcement video overnight. The threat to our future is real. Joe Biden and the radical left have chosen a culture of grievance over greatness. They're promoting victimhood instead of personal responsibility. And they're indoctrinating our children to believe we live in an evil country. And all too often, when they get called out for their failures, they weaponize race to divide us, to hold on to their power. And for more, let's bring in NBC's Alley Vitale, who's in Cedar Rapids, Iowa, covering Senator Scott's trip there today.

And, Allie, Scott's been a fixture for years in South Carolina politics, but how is he making the case that he has wider appeal? Well, look, you're watching him try to make that case in the exploratory video that he put out this morning, saying that he would be exploring a bid for president that basically, Gabe, he's been exploring already for many weeks now. He's been traveling to the early states, including Iowa. He'll go back to New Hampshire tomorrow, and then, of course, back to his native South Carolina over the weekend to once again huddle with donors.

But look, this has been a conversation that Scott's been having with the American public and with conservatives for many months now. He's basically sort of kind of already running for president. at this point, it's a semantics case. He will make it official, we assume, in the coming weeks. But as of right now, he is one more person who's challenging Donald Trump and the rest of the Republicans in this field. And to that point, Allie, we've already seen a divide forming in this GOP field of current and potential candidates. You have the Magdalene with Trump and Florida Governor Ron DeSantis, of course.

And then the more traditional conservative wing with Nikki Haley and Mike Pence. So where does Senator Scott fit in there? It's going to be interesting because, frankly, we're watching those lanes form, but even people who are not technically in the Trumpy MAGA lane are still not going to be willing to cede that space. You're watching people like Nikki Haley, like Mike Pence, not overtly criticize the former president, and they're going to have to tiptoe around that because they're people who served in his administration. Many of the other people who might join this field, DeSantis included, are people who have benefited

from Trump's alliance over the years. It's going to be a very sticky situation for them. And for someone like Tim Scott, who is conservative through and through, you see it in his voting record in Congress, you see it in the way that he's starting to make this pitch on conservative ideas. Yes, maybe he might fit in that traditional conservative lane. But at the same time, all of these Republicans are also playing to the culture wars. They're also pushing out a lot of red meat for the base. And I think the most striking thing here is that while we have seen some of them begin to go at each other, specifically people like Desantis starting to needle at Trump, for the most part, what we're watching them do is, already try to skip ahead to the general election and try to ask voters to compare them

not to their fellow Republicans, but to President Joe Biden, who they think they could ultimately be taking on. So one of Trump's campaign advisors today calling Scott's announcement bad news for Ron DeSantis, is it? Maybe, but I think that the reverse of that is that Donald Trump's team, and I think rightfully so, believes that the more people who run in this field, the better it will be for them, because there's more ways to split the non-Trump vote. Every campaigner, that I talk to knows that there's a good 30 to 40 percent of the Republican primary base that will love and vote for Donald Trump. The question for all these other candidates is

how they can chip away at the rest of that field. I will tell you, talking to voters here in Iowa last night at a Nikki Haley event, there is a general openness to potentially turn the page on Trump. They still like some of the Trump-like messages, but they might want a different messenger. At the same time, though, Trump really still is the man to beat. The polls consistently show him atop the field, though, as I've been reminded multiple times here by voters and candidates alike, the polls today are going to look very different a year from now, and then even after that, when voting

actually starts. So we got a long way to go. Ali Vitale, thank you. Staying with politics, President Biden is in Ireland on a landmark trip that is both political significance and personal importance. NBC's Peter Alexander is traveling with the president.

Tonight, retracing his Irish roots. Feels wonderful. It feels like I'm coming home. President Biden returning to the countryside where his ancestors, the Finnegan's, once lived. Braving the wind and rain, cheering crowds, welcoming the American president who's never shied away from his heritage. When you're here, you wonder why anyone would ever want to leave. Then Vice President Biden paid a visit here in 2016, with a stop at Fitzpatrick's bar still bursting with excitement and pride. I feel like I've met about 20 people tell me that they're Joe Biden's cousin so far.

Can I believe these folks? Finnegan's, yeah, oh, definitely, yeah, yeah. There's a lot of Finnegan's in the area. His visit comes 60 years after America's first Irish Catholic president, John F. Kennedy, traveled here and follows a brief stop in Northern Ireland today to commemorate the 25th anniversary of the Good Friday Agreement that brought peace to the region after decades of sectarian violence, known as the troubles. The president today offering new investments and inspiration.

The United States of America will continue to be your president. partner and building the future the young people of our world deserve a sentimental trip blending the political and the personal and peter alexander joins us now from dublin and peter there are reports of a security issue concerning a lost document relating to the president's trip can you tell us more yeah gave the secret services acknowledging those reports that a document was lost by an Northern Irish police officer today, detailing sensitive, potentially sensitive information about the president's travel plans. But a Secret Service official tonight says that it will have no impact on their ability

to protect President Biden while he's overseas, Gabe. And Peter, what is next on the president's schedule for the remainder of his trip abroad? Yeah, two more days for President Biden while he is here in Ireland. Tomorrow he'll meet with Irish officials, including the Irish T-Shok, the Prime Minister here, and then on Friday, he'll go to the western portion of the country. County Mayo, as it's described, where the other side of his family, the Bluets live, an effort to revisit. Some of his extended relatives, learn more about his ancestry, and also to visit an Irish Catholic shrine. Gabe.

Quite a trip. Peter Alexander, thank you. Still ahead tonight. Plastic surgery murder? A California surgeon charged with murder after a patient in his... care died five years ago, while the California Medical Board is still weighing if he can keep his license to practice. Plus, the new warning from the nation's drugs are about fentanyl, laced with animal tranquilizer, why he says the country needs to act now. And the woman rescued from a submerged car two days after she was reported missing how a fisherman found her and saved her. Stay with us. We're back now, and we head to California, where a plastic surgeon is charged with murder.

Prosecutters allege that doctor cut corners in order to make money resulting in the death of a patient in his care. NBC's Dana Griffin has the details. Tonight, a California plastic surgeon now facing a murder charge after new evidence alleged by the San Diego County District Attorney that he intentionally let a patient die on the operating table during a breast. augmentation. Prosecutors say 36-year-old Megan Espinoza's death in 2018 was the result of Dr. Carlo Chacon's putting profits before patients. Defendant intentionally cut corners to make more money.

They say several preventable factors contributed to Espinoza's death after she went into cardiac arrest during surgery, including using an untrained registered nurse to provide anesthesia. The prosecutor also says Chaconne delayed calling 911. The defendant essentially doubled down on his practices and prevented other people from calling 911 and allowed Ms. Espinosa to essentially suffocate. Jacone was initially charged with involuntary manslaughter in several counts of practicing medicine without proper certification. But last week, he was arrested again after new information about the surgery was revealed. Prosecutors say he left Espinoza's surgery suite four times to see other patients as she lay dying and hid her condition from both her husband and the 911 dispatcher.

We believe this was to create a false official record to cover up the dire condition. Chacon's attorney disputes that the alleged evidence rises to the level of murder and that the doctor took all the necessary steps to save Espinoza's life. The new evidence is that he maybe walked. into different rooms and checked on patients, which is what doctors do, that's the new evidence. It's a murder charge. I mean, this isn't like something, some type of malpractice charge. It's murder, and it requires a little more than that. He pleaded not guilty to all the charges against him and is no longer listed on the jail website, indicating that he likely posted a $500,000 bond, according to NBC San Diego. But a big question remains, while he's out, will Chacon continue

to practice? The judge ruling, he can't complete a surgery, except in an accredited facility, which his surgery center currently is not. The Deputy District Attorney also saying the California Medical Board is looking to revoke his medical license at his hearing next month. If these allegations are proven to be correct, this is unforgivable conduct by any physician. Dr. Anthony Yoon specializes in cosmetic surgery. He says, if you're considering a surgeon, do your research. Make sure the doctor is certified by the American Board of Plastic Surgery, and most importantly,

trust your instinct. If you do a consultation with the doctor, that doctor seems rushed. They're not listening to you. They seem like they just want you to sign up and get your money. Then you can be assured that when you're having that operation, that doctor may be acting the same way. If Chacon does perform any surgeries, the judge said he must notify all patients that he's facing a murder charge. And Dana Griffin joins us now from Los Angeles. And Dana, how is Megan Espinoza's family responding to all this? So, Gabe, they released us. statement to NBC San Diego saying that they are following this case closely, and they ultimately hope it leads to legislative changes so that other tragedies like this don't happen.

Gabe? Dana Griffin, thank you. Turning now to the latest in a growing drug crisis around the country. The White House warning of a deadly substance known as trink, a combination of fentanyl mixed with an animal tranquilizer. It's not an opioid, meaning treatments like Narcan won't help if there's an overdose. Valerie Castro has more. Tonight, a deadly drug with no known antidote, worsening an already dire situation with fentanyl.

It's commonly known as Trank, now being called an emerging threat by the White House. The lethal combination of fentanyl laced with xylazine and animal tranquilizer leading to a declaration for a federal response plan from the Biden administration within 90 days. This new drug could be a nightmare. It's called xylazine. It's a deadly skin rotting zombie drug that evil drug dealers are now mixing with fentanyl, with heroin, and with other drugs. The DEA warning that xylazine-related overdose deaths have risen in every region of the country, more than 1,000 percent across the south, up 750 percent in the West, and more than 500 percent in the Midwest between 2020 and 2021. Philadelphia feeling the devastating effects on the streets. One user saying trank is everywhere. There is no fentanyl that doesn't have training.

I would say it's probably our biggest challenge right now. NBC's Dasha Burns with the city's director of the opioid response unit last month. How much should people be sounding the alarm right now? I think everybody should absolutely be sounding the alarm. The movement similar to what we saw with fentanyl is that it will be in every other substance. Making it even more lethal, Zylazine is not an opioid, so overdoses can't be reversed. with naloxone, the remedy for fentanyl and heroin overdoses, better known as NARCAN. We don't have a medical detoxification best practice yet in place for it because, again,

it wasn't something meant for human consumption. The new threat in the midst of a growing opioid crisis with more than 71,000 fentany-related deaths across the country in 2021. This California mother speaking out after her 15-year-old daughter Melanie Ramos died of a fentany overdose last year. She was discovered in her high school's bathroom. Elena Ramos calling on state lawmakers to pass Melanie's law. It establishes a foundation for schools throughout the state to provide education to not only the

staff but to the students on fentanyl and opioid overdoses. But stemming the flow of fentanyl into and around the country, a constant battle. Last year, the DEA seized more than 57 million fentanyl-laced pills and more than 13 thousand pounds of powder. And the seizure of the drug nationwide through the U.S. Postal Service increased by 150 percent, a large portion of it smuggled across the U.S.-Mexico border. And Valerie Kassar, joins us now. Thank you for joining Top Story. Valerie, what exactly does this federal plan call for? So, Gabe, the Biden administration's drugs are Dr. Raul Gupta is calling for $11 million in funding to build this strategy.

Plans would include developing an antidote to combat overdoses and possibly asking Congress to classify it as a controlled substance. That declaration now starts the clock, and the Biden administration now has 90 days to develop that federal plan to combat this crisis. Valerie Castro, thanks for joining us. When we come back, missed warning signs of Pennsylvania candy maker hit with a wrongful death lawsuit after seven employees died in a factory last month. Why the attorneys for one of the families says the company ignored reports that could have saved lives. We're back now with Top Stories Newsfeet, starting with an arrest after a series of sexual assaults on UC Berkeley's campus. University officials say the person is suspected in four attacks on women over the past week.

Two of them happening in broad daylight. Police are now investigating if another sexual assault in Palo Alto is connected. A wrongful death lawsuit has been fired. against the Pennsylvania Candy Company after a factory explosion back in March. The family of 55-year-old Judith Lopez-Moran, who died in the blast, is suing R.M. Palma Company, alleging the candy maker ignored reports from workers that they smelled gas that day. The cause of the explosion is still under investigation, but authorities previously said

they were looking into a natural gas pipeline nearby. The governor of Puerto Rico declaring a state of emergency for intensified coastal erosion. The government is now allocating more than $105 million to fund measures intended to fight its effects, such as home relocation, the addition of sand and mangrove trees to coastal areas, and the creation of artificial reefs. Officials blame the erosion on recent tropical storms, such as Hurricane Maria and say climate change will only accelerate the problem. And a missing woman has been found alive in her car that was submerged in the Texas Lake.

Photos show the Jeep off the shore of Lake of the Pines as well as her rescue. A fisherman initially spotted the Jeep and called authorities as crews started to remove the car from the water. They noticed the woman inside it moving. Officials say she had been reported missing two days prior. She was taken to a local hospital. And for this court set to rule at any time on the high-stakes case. the DOJ firing back at anti-abortion group's argument that no harm would result from taking Missa Preston off shelves. And for more on this case and what's at stake, we're joined now by

NBC News, senior legal correspondent, Laura Jarrett. She joins me now in studio. Laura, thanks so much for joining top stories. So anti-abortion groups say they simply want to take this drug off the shelves. But the Biden administration is saying it will do irreparable harm. Walk us through where we are in this case. So as of right now, the case lives in the Fifth Circuit Court of Appeals. It's a court, the tens to lean conservative, but we don't know which judges on that court will actually take this case up. As you mentioned, the Justice Department essentially wants to slow everything down, get a pause on Judge Casmeric, that judge in Texas's order, because if nothing happens, that order is set to take effect early Saturday morning. And so essentially, the Biden administration

and the pill manufacturer, Denko, want to try to get that put on hold for right now while it lets the appeals process play out. At the same time, remember, you have this conflicting decision out of Washington State, another federal judge, which would set the opposite. And so we'll wait to see how those two interplay if, in fact, the Texas decision goes into effect. So certainly a lot to keep track of, but it's not just a Biden administration that is coming out against this. Hundreds of drug makers have as well. So what is the best course of action for the Biden administration to prevent this ruling from going into effect? What options do that? Yeah, it's interesting. The Biden administration, at least publicly, is projecting a lot of confidence that the Court of Appeals

will put this on hold because we've never seen this before. A federal judge has never done. done this. And so I think they're hopeful that they can try to convince an appellate court to step in here. And if not, the Fifth Circuit, the Supreme Court, certainly they're hoping, will put a stop to this. But it's interesting. You mentioned, you know, a number of former executives from Big Pharma have come out in force, current and former executive actually, have come out in force against this, essentially trying to raise the alarm about what this would do, not just in the abortion context, but with other FDA-approved drugs. And it's not clear that the court would actually be convinced by those arguments, but certainly lawmakers may be convinced by arguments from outside groups

like that. Large error, thank you. That of the massive settlement between vaping Giant Jewel and a growing number of states, a company accused as helping fuel a nationwide teen vaping epidemic. But this settlement isn't the end of their legal battle. Tom Costello explains. Accused of hooking an entire generation of young people on vaping, industry giant Jewel today agreed to a 4006.

$62 million settlement with California, New York, D.C., Colorado, Illinois, Massachusetts, and New Mexico. In all, the company says it's now settled with 47 states and territories and 10,000 individuals, representing another critical part in our ongoing commitment to resolve issues from the company's past. The state's accused Jewel of targeting teens with highly addictive of flavors, including mint, fruit, cream, and mango, all now discontinued. Jewel misled consumers about the health risk of their products. However, just one pod of jewel contains as much nicotine as a whole pack of cigarettes. It's incredibly destructive. In 2020, high school juniors Caleb Mintz and Philip Furman told us quitting wasn't easy.

And I would start to get anxious. I would start to lose my temper. a lot easier. While underage vaping has been cut in half in recent years, last fall, 14% of high schoolers report of vaping in the previous 30 days. Today's agreement calls on Jewell to stop all marketing to kids, verify a customer's age, and limit the number of purchases that anyone can make. Jewel is now owned by Tobacco Giant Altria. Its lawsuits have already cost the company nearly $3 billion. Last month, Minnesota's lawsuits went to trial. Jewel's vape cartridges, meanwhile, are still for sale and awaiting FDA marketing approval. Back to you. Tom Costello, thank you. Now to the Americas and the ongoing investigation into the death of

40 migrants at a Mexican detention center last month. Authorities in Mexico announcing they're now adding charges to the head of the country's National Immigration Institute. Guadvenegas has the latest. The funerals for migrants killed in a Mexican detention. Center fire are underway this week as the country's top immigration official now faces criminal charges. President Andres Manuel Lopez-Obrador making a brief comment today after the country's general prosecutor of the Republic announced it would charge Francisco Gardunio, head of the Mexican Migration Institute.

The prosecutor's office indicating, quote, the faults in emissions that continue to be committed by the National Migration Institute would indicate a public. pattern of irresponsibility. In total, 40 migrants from Central and South America died, trapped inside of Juarez's detentions center last March 27th after a fire broke out, leaving some detainees locked in their cells. The latest announcement from Mexican authorities came as the bodies of 17 Guatemalans arrived in Central America via Mexican Air Force planes. Another seven of the dead were also from the neighboring country of El Salvador, including al-Mikar Solorzano.

He was my baby, and the pain is stabbing me after his death, said his mother as she held onto her son's coffin. Authorities there demanding action against those responsible. The government of Salvador has exigued an investigation exausiva and conform to the process. Mexican investigators say a Venezuelan migrant is responsible for starting the fire, but also placed responsibility on three Mexican immigration work. along with a private security guard, all have been arrested.

Yet for friends and family members of the deceased, the horrific incident is just another cruel reminder of the deadly risks for migrants attempting to arrive in the U.S. Just heartbreaking. Guad Vanegas joins us now. And Guad, I understand the general prosecutor's office is now looking into another deadly incident that involved migrants in Mexico, right? Gabe, the last press release from federal authorities in Mexico says that just four days after that fire in Ciudad Juarez, there was what they call a similar incident in the state of Tabasco. This is in southern Mexico. It's a state where a lot of migrants travel through making their way north.

Now, the report says that one migrant died in that incident and 14 others resulted wounded. They say the prosecutor's office says they took both incidents into the case. consideration when deciding to press charges against the head of the Mexican Migration Institute, Gabe. Yeah, Guad, it is such a difficult journey. And Guad, as the investigation continues, so does migration, of course, in Juarez. Has there been any changes in how migrants are being processed after this incident? Gabe, that's what's going to be difficult to predict. So we know that immigration authorities around Mexico do their best to detain the immigrants that they believe or traveling through Mexico undocumented or not with the regular paperwork,

but it is difficult to know what they will be doing. So that center in Quadis, the one where the fire happened, was a detention center where migrants were placed before these migrants would be then taken back to the southern border. It's difficult to know with this shakeup with Mexican immigration authorities, now the head of the Migration Institute being charged. It's difficult to know how they will proceed and what action they will take if a migrant that is in one of these border cities decides to break the law. For example, just a few days ago, we saw another group of migrants rush the U.S.-Mexico border.

These are actions that then need a response from authorities. So we don't know if it will be local police, state police, the National Guard, or Mexican immigration authorities that will take action when some of these incidents take place because this was them taking action with migrants that they had decided to detain in one of these centers. So it's difficult to know how federal authorities in Mexico will proceed, as you mentioned, with more migrants

keep now arriving at the U.S. Mexico border, Gabe. So many unanswered questions. Guad, thank you. Coming up the latest on that Wall Street Journal reporter in custody in Russia, the request tonight by the U.S. and reduced to rubble, the building near the U.S. border with Mexico, collapsing what authorities believe caused a dangerous situation.

Stay with us. News is more than a headline. It informs. inspires, and it still matters. To cover it, you have to be in it. And that's what we're going to do. Every night, we take you to the front lines of the story, where it's actually happening. With NBC News Journalists on the ground from all over the world, we cover what you need to know and bring your news feed to life. In primetime and streaming live, it's your news playlist every night. Top Story with Tom Yamas, weeknights at 7 on NBC News Now.

Now to Top Story's Global Watch. We begin in Mexico where a building turned to dust and debris just south of the U.S. border. Footage released by the mayor's office captured the moment. Wow, right there. A building of 14 apartment units collapsed onto the streets of Tijuana, sending plumes of smoke into the air. This happened following a landslide. Another nearby building collapsed just earlier this month.

Luckily, there were no reports of injuries. And an update on the Wall Street Journal, reporter detained in Russia. Today, the U.S. is urging Moscow to allow a consular visit with the reporter, Evan Gerskovich, to confirm his condition. While Russian officials are considering it, they say they will not be pressure. Gerskovich was detained back in March on espionage charges, which the Wall Street Journal strongly denies. The charges carry a maximum sentence of 20 years. Prince Harry will be returning to the U.K. for King Charles's coronation. According to a The palace spokesperson, the Duke of Sussex, will be attending his father's coronation despite

recent controversies. His wife, Megan Markle, will not be attending and will stay in California with their children. The ceremony of King Charles III will take place in Westminster Abbey on May 6th. And when we come back, music history. The classic songs just inducted into the historic national recording registry at the Library of Congress, the genre, getting recognized. recognized for the first time, that's next. course, as late John Denver's Take Me Home, Country Roads. The beloved sing-along is now preserved

in American history. It's just one of just 25 selections chosen this year for the National Recording Registry in the Library of Congress. NBC's Stephen Romo has more on this history-making class. Just dance for me. That unforgettable track on Queen Latifah's debut album all hail the queen more than 34 years ago, now enshrined in music history. Now the Queen of Rap is the first woman rapper to be inducted into the National Recording Registry, the cross-genre album, just one of the 25 recordings selected by the National Recording Registry at the Library of Congress. There are hundreds of nominations each year.

and selected recordings must be culturally, historically, historically, or aesthetically significant to American culture and at least 10 years old. They've, I think, really made an effort each year to go beyond classic rock and things like that, to include the early development of hip-hop and now this year, reggae tone. Daddy Yankees Gasolina, which launched the Puerto Rican

superstar to global fame almost 20 years ago. It is now the first reggaeton hit to be inducted on the registry. And the legendary theme song for the Nintendo classic Super Mario Brothers by composer Koji Kondo became the first video game sound inducted. The National Registry finds a place here to realize all the different shapes and sizes that recordings take that have been significant historically. This year's list also honors pop legends and records that defined eras, like Madonna's first number one album, like a virgin. Mariah Carey's iconic holiday tune, Oh, baby, all I want for Christmas is you, as well as rock stars,

every day you play, every night you stay, I'll be watching you. And former Beatles. from the first recordings of mariachi music to the songs that catapulted singers into the stars this year's inductees withstanding the test of time and some even offering a message as timeless as their work

The Super Mario Brothers theme song is going to be stuck my head all night. Thanks for watching Top Story. Good night.