tonight the explosive affidavit in the Idaho College murder investigations suspected killer Brian coburger appearing in an Idaho courtroom for the first time as police revealed the evidence that led to His stunning arrest cell phone records and surveillance images of his car placing him near the scene of that gruesome Massacre last month a sheath for a knife similar to this one recovered inside one of the victims bedrooms how police were able to tie the DNA found on that piece of evidence to the 28 year old criminology student face of a killer the critical new information about who was inside the house as the horror unfolded one of the surviving roommates coming face to face with a suspected killer describing him as a masked man wearing all black with bushy eyebrows the roommate telling police she heard one of her roommates say there's someone here before a man's voice said it's okay I'm gonna help you tonight questions growing about why that roommate didn't call 9-1-1 until several hours after that encounter our other major headline tonight vote of no confidence Kevin McCarthy failing for a 10th straight time as far-right Republicans refused to elect him as Speaker of the House where the efforts to bring this standoff to an end stand at this hour back from the brink the remarkable update on Demar Hamlin doctors saying the Buffalo Bill safety is awake and communicating with friends and family the question they say he asked as soon as he woke up cartel Prince captured El Chapo's son arrested by the Mexican military to capture triggering a violent response by the cartel passengers on a commercial flight caught in the crosshairs as the ruthless drug dealers will stop at nothing even killing innocent people to get one of their leaders back plus the deadly bomb cyclone in California massive waves crashing into homes heavy winds knocking out power and toppling trees the cleanup underway but another storm already taking aim and Royal Rumble Prince Harry's explosive new Memoir leaking early the studying accounts inside including the moment he got into a physical fight recently with Prince William and the heartbreaking story of how his father King Charles told him his mother Diana had died top story starts right now [Music] and good evening tonight a special edition of top story for more than seven weeks the nation has been riveted as police hunt for the killer who carried out a horrific massacre in Idaho and tonight we finally may have some answers on November 13th four college students found dead in their home a little over a month later on December 30th authorities arresting 28 year old Brian coburger in Pennsylvania and now for the first time police revealing the three critical pieces of evidence that led them to the alleged killer Let's Take a Look Tonight the first a sheath a knife holster or cover if you will similar to this one found next to one of the victims beds police say DNA found on the button of the leather cover of that sheath belonged to Brian coburger the second an abundance of surveillance images police say show coburger's car a white Hyundai near the scene of the crime at the time they believed the murders were committed and finally the third data from coburger cell phone this map showing the path he likely took from that Elantra from his residence in Washington state to the house in Idaho remember he lived very close by investigators say he turned that phone off as he approached the scene in an attempt to conceal where he was going and turned it back on after he left the mountains of evidence leading to co-berger's arrest and extradition the criminology PhD student appearing in an Idaho court for the first time today emotionless as he sat just feet from the loved ones of his alleged victims at the heart of this case the tragedy of four young lives cut painfully short twenty-year-old Ethan Chapin 21 year old Kaylee Gonzalez twenty-year-old Zanna Coronado and 21 year old Madison Mogan we have full coverage tonight on this breaking down every angle our reporters live on the ground in Idaho and a team of experts in crime policing and forensics standing by with analysis We Begin first at the courthouse in Moscow Idaho with Gotti Schwartz who has been covering this case since the beginning Gotti you were there for the hearing this afternoon just steps away from that alleged killer yeah that's right Tom and so many disturbing details contained in this affidavit But Central to this case is what you just mentioned that knife sheath you got to consider that this is basically an extension of the murder weapon left at the scene and on that knife Chief DNA evidence tonight for the first time Brian kohlberger appearing in an Idaho Court after being extradited from Pennsylvania where he was arrested in the state of Idaho versus Brian culberger charged in the gruesome murder of four University of Idaho students the maximum penalty for that offense if you plead guilty or found guilty is not less than one year in prison no more than 10 years in prison and or a fifty thousand dollar fine or goal do you understand yes and now chilling new details revealed about the massacre investigators say was carried out in the dead of night in an 18-page affidavit police laying out a Triad of probable cause a DNA profile a white Hyundai Elantra and cell phone data the documents revealing that one of the surviving roommates in the house was awake at one point she opened her door and heard noises coming from upstairs around 4am first she thought it was one of the victims Kaylee Gonzalez playing with her dog but then she says she heard something to the effect of there's someone here then later an unknown male voice saying something to the effect of it's okay I'm going to help you that roommate also telling Authority she saw a figure clad in Black clothing in a mask that covered the person's face and nose walking towards her adding she saw a figure as 5 10 or taller male not very muscular but athletically built with bushy eyebrows but she locked herself in her room the report also noting that a nearby security camera captured what sounded like voices or a whimper followed by a loud thud why 9-1-1 wasn't called for hours Still Remains unclear and then there was the physical evidence allegedly linking co-burger to the crime scene authorities say after a knife sheath similar to this one was found next to victim Madison Mogan the lab quote located a single source of male DNA suspect profile left on the button additionally agents recovered trash from the coburger's Pennsylvania house that when tested revealed a possible DNA match to the sheath through coburger's father's DNA the document also lays out how police used video surveillance to track a white Hyundai elantra's movements the night of the murders later identifying the vehicle as co-burgers and using a previous traffic stop to identify his cell phone number investigators allege the night of the murder coburger's cell phone was turned off shortly before 3am while he was in Pullman Washington then the phone reappeared on the cell phone network just before 5 a.m near Moscow Idaho using data collected from cell phone towers investigators believe this was an attempt to quote conceal his location during the quadruple homicide the data also revealing coburger's cell phone was tracked moving again later that morning traveling back to Idaho from Pullman Washington this time near the crime scene between 9 12 A.M and 921 but when investigators dug a little deeper they Note kohlberger's cell phone had traveled to the area of the victim's residence on at least 12 occasions prior to the night of the murders missing from the affidavit a suggestion of motive or any connection between co-berger and the victims even with all this new public information prosecutors still have to explain in court I am going to leave until I have additional refers okay Gotti Schwartz joins us again tonight so Gotti talked to me about coburger's demeanor by now he may have some clue of the evidence allegedly against him yeah Tom we were sitting about 15 feet away from him watching him the entire proceeding and I gotta say it's difficult to describe his demeanor because he never gave any expression or indication of what he was thinking he kept a very straight facial expression he leaned forward he answered the questions very succinctly very directly to the judge but no expression at all and then you've been speaking to the families throughout this a lot of grisly and difficult details released today do we know how some of those family members of the victims are doing tonight yeah Tom they have been preparing for this for quite some time and we've talked about that I've asked him and they said that they want to be steadfast they want to make sure that this process is as thorough as possible and they want to make sure that the Killer is brought to justice so they are going to sit there United like a family and Steve Gonzalez I was sitting behind him during this uh this hearing and he stared straight at Brian kohlberger the entire time his wife started crying silently at one point when the judge read Kaylee Gonzalez's name but Steve Gonzalez there did not avert his eyes from the suspect in this case meanwhile Brian kohlberger never looked back at the family again just looking straight at the judge and remaining expressionless back to you can't even imagine what those families are going through all right Gotti Schwartz leaving us off tonight Gotti thank you for that for more on these stunning Revelations where Joe and I by NBC News correspondent Dana Griffin who is outside the home in Moscow Idaho where this brutal murder took place and Dana I want to go back to the affidavit which investigators released today which became public because it details exactly what happened in that house we learned a lot from investigators revealing the possible path the alleged killer took through that home can you walk us through that absolutely so investigators haven't said specifically how he entered the home but we know that he killed or excuse me allegedly killed some of these victims and this is where investigators say they were found on the second floor of this home that's where Ethan Chapin and zaina kernodle were found in her bedroom on the third floor that's where they found Kaley Gonzalez and Maddie Mogan in the same bedroom now when we talk about that witness who was located on the first floor of this home investigators say that she heard you know who she thought was Kaylee Gonzalez say someone's here investigators actually believe that that may have been Dana kernodle because her cell phone records indicate that she was on Tick Tock around 4 12 that morning but investigators say when she came out for the last time after hearing that Mel voice saying it's okay I'm here to help you she said she saw that male figure walked toward her as she was standing there in a frozen State and he walked out toward the back of the house investigators later found a latent footprint Tom that had a diamond shape on it similar to a van shoe and that said and that made investigators believe that that was the path that he took to at least exit the home yeah that was one of the chilling details I also you know want to ask you we've been talking about cohenberger being a criminology student and and possibly knowing how how things work and how law enforcement work but it seems like he made so many glaring mistakes according to the affidavit trying to evade capture um I know in that neighborhood they're saying several surveillance cameras picked up his car walk us through that yeah and on the affidavit according to the affidavit the home here to my left was the home that actually captured audio uh that sounded like a whimper and you could also hear a dog barking around the time of the murders we believe that that camera on a home at that home there also captured that white Hyundai Elantra that the FBI actually identified later on in the investigation they actually put out a B on the lookout alert back in December but the public wasn't made aware of that until December 7th and that's when you know people started you know that's on an image like this that you saw from that gas station was discovered because people started realizing maybe I should go back and check that surveillance video that we also heard that Washington State University had video of a white Hyundai Elantra coming and going around the time that investigators believe the alleged killer left and came back on campus after the murders Tom okay Dana we really thank you for that we want to dig a little deeper into these new arrest documents in the case against Brian coburger NBC News National Security analyst and former FBI special agent charge Frank figluzzi and NBC News law enforcement analyst and former ATF special agent in charge Jim Cavanaugh joined top story live tonight Frank I want to start with you the entire world including the media including this show to be fair we're putting so much pressure on law enforcement there in Idaho really good police work when you look at this affidavit you have to sort of admire what these police did I agree and I I was amongst the people just hoping for a quicker resolution I can only imagine what the victims families were going through but it turns out particularly having read the affidavit that this is a solid investigation I mean this is a triple threat that the defendant's going to have to overcome as you said there's DNA evidence there's cell phone evidence and there's video camera surveillance evidence it's quite a task for his defense team to overcome and in fact with the death penalty in Idaho a victory in this case would likely be just avoiding that death penalty Jim you know I want to ask you he was dressed in black he had a mask according to police according to the eyewitness one of the surviving roommates and police say he was circling the block several times in the half hour to hour before the crime what does this tell you is this is this essentially the killer on the hunt right exactly Tom what we have is a lot of pre-offense behavior not only that night but in the weeks prior the cell phone tracking where he made more than a dozen trips to this same area so he was planning this he wanted to kill someone we don't know if he actually had targeted that house all those other trips but certainly close to that area where the tower picked up the phone and to build on what Frank said when the threads of evidence come from various directions that are not connected let's start with the first one to witness she describes him 510 bushy eyebrows a thin build then we have the vehicle that he owns that exact car that's under surveillance in the morning we have the DNA on the button snap of a k-bar knife sheath that's a dream find for prosecutors and agents and detectives because it's not his fingerprint on a doorknob where he could have said I went to a party there one time or somewhere else it's on the Killer's knife sheath that's laid on the bed of the murder victims how could it get there the killer left it there so that's pretty damning and then of course we have the DNA match for that button and uh you know we have it all comes together in an interconnected uh Mosaic that will tend to lock them behind bars and I would say there'll be more evidence there could be microscopic blood evidence in the carpet on the uh on the white car off his shoes blood of the victims yeah I'm sure he's tried to wash his clothes or threw him away he ditched the cake or a knife yeah Frank I want to go I want to do more Jim I want to go to Frank now Frank I want to ask you about the knife and I want to be clear to our viewers this is not the knife sheath in question we this is one similar to it I'm reading from the affidavit now the chief was later processed and had a k-bar USMC United States Marine Corps uh eagle globe and anchor Insignia so we think it's similar to the one you're seeing right here Frank how in a murder let's say this murder was was well planned how can something like this be left behind and I know there is a theory that possibly sometimes Killers leave things behind on purpose where's your head at head out on this one yeah there there have been business reports I don't think they've been confirmed yet but I've seen reports that there might have been signs of a struggle at least with one of the victims there's some evidence perhaps of defensive wounds we've got to wait to see how that comes out but if there was a struggle even just the physical activity of multiple stab wounds which is what this affidavit speaks to um yes you could actually lose the sheath it could not be buckled properly onto your belt or it could have come loose or as you suggest you know we could be dealing with someone who's simply too smart for his own good he might have thought I'm going to leave this behind and see if they catch me I I don't know but it as as Jim says this is a dream come true for forensic experts you've got him his DNA not only on the knife Chief it's on the snap button meaning he that's what he would have had to had to engage to remove the the sheath so right there's also great evidence how did they get the DNA they pulled it in Pennsylvania off the trash from his parents home the police work has has been incredible I I do want to bring in someone else into this conversation Fame criminal defense attorney Mark garagos who's represented everyone from convicted killer Scott Peterson to Gary Condit to Michael Jackson to Jesse smallett uh Mark garagos thanks for joining us right now you've defended people who are guilty you've been defended people who were not guilty high-profile defendants does anything in this case right now uh worry you as far as the legal investigation is concerned is there anything investigators left out possibly or do you see any mistakes so far or do you think this is a a pretty tight case well I'll tell you right now I don't want to disagree with my two friends and predecessor commentators here but this is hardly an open and shut case in fact reading I think that the reason that this is such a detailed probable cause affidavit is the police were pushing back against a lot of media speculation in the Public's perception that they weren't doing much frankly I will tell you that there are some gigantic opportunities for the defense here first of all this is not a one-on-one match of DNA yet if you read the probable cause affidavit they've excluded 99 Point whatever percent based on the father's DNA not his DNA so they're going to obviously take a swab from him if they haven't already that's number one number two the supposed DNA found on the button that doesn't mean a thing if it was on the 9th I would grant you that that would be something however on the sheep they haven't there isn't anything that thought that they talk about that is is going to take you beyond A Reasonable Doubt on that number three the other glaring hole that they're going to talk about is there's rank speculation that somehow he must have turned his phone off because the problem is and I was wondering about this because I've had it in so many murder cases I assume that one of the first things they did was go and take a look at the the cell phone service now the cell phone service is not like GPS cell phone services when you've got a phone and you're making a call it will go to various locations cell phone antennas the problem with that is if there is too much or not enough traffic at One automatically it shifts to another and because you're within a seven mile radius that means somebody could be sitting at his home and it could show him at another cell phone antenna location I've had them with a cell phone antenna locations have shifted by 25 miles record within three minutes so that's not going to give you any and there is no cell phone triangulation for the time period of the killings so before everybody gets on this prosecutorial bandwagon here you better sit back because I believe that there are some glaring holes here that his public defender is going to have a field day with I want to bring in Danny Savalas now he's one of our NBC News legal analysts I want you to take sort of the side of the prosecutors here you've gone through the affidavit you just heard from a very well-known very well respected criminal defense attorney best in the business I saw you over here and you were dying to jump in here love Mark give me the rebuttal what do you think about the Affidavit of the evidence against co-berger writing so Mark knows I admire him I would respectfully I agree with him on the cell phone he's absolutely right it's not GPS and these kind this technology where you take uh the cell phone location based on the Ping off of the tower well that could move like he said miles within seconds because your cell phone just chooses a new tower so I agree that's not Israel Bible but there is video evidence of this Hyundai Elantra going around the neighborhood numerous times I do think the DNA evidence is compelling the affidavit says 99.9998 and you really nowadays with modern technology you just need a relative to get close enough and I think the prosecution even if they didn't get the suspect's DNA they'd be perfectly happy arguing 99.9 or the dad's DNA to a jury and they'd take their chances with that but Mark is right let me explain is that is that very hard to explain to a jury or can you walk them through it the the DNA evidence yeah how that all works well typically even when they call an expert as as heady or difficult to understand as DNA evidence is most jurors and I think Mark would agree have been raised on a steady diet of CSI so they're more willing they're more receptive to the idea of DNA in fact in my experience trying cases jurors come to expect DNA evidence and in a way it actually hurts law enforcement if they don't have have it because jurors have become rather spoiled they expect oh every case has DNA evidence and it's going to be in there and if it isn't there that must mean the police may have done something wrong so I think the compelling pieces are the sheath left at the uh at the crime scene the video evidence and of course I do think the DNA evidence is compelling and I just got to say this Tom because last week when the suspect was apprehended I got this question all the time well do you think that because this guy was a PhD in criminology that he might be able to commit the perfect crime and look at the time I said no way criminology I mean that could be a sociological study it doesn't make you a master criminal and if this ends up this Affidavit of problem causes accurate and this uh this defendant is guilty then this was not the Perfect Crime this was the dumbest crime uh Mark I want to ask you a question we've heard from from the the County prosecutor Bill Thompson who who may help in the prosecution of this case he leads that office I think we have a photo of him or some video of him as well well we've all seen Anatomy of a Murder right Jimmy Stewart the country lawyer takes on the Hotshot prosecutor the roles are reversed now if co-worker were to lawyer up say right hire someone like yourself how difficult is it for someone like this prosecutor from a small town a small County in Idaho to take on somebody like a mark garagos who has a very powerful law firm and a lot of experience defending clients defending defendants in types of crimes like this high profile crimes I'm going to make a prediction right now I don't think it's going to be tried in that county I think that you you layer over the fact that the the chief law enforcement officer there is expressed his opinion that he's got a 100 percent certitude you talk about the wall-to-wall publicity and by the way it wasn't that long ago I believe her name was follow was tried with a lot less publicity and they moved that case as well so I don't think that whatever perceived Advantage there I don't see it and frankly I'm not so sure you know they already were in there with a very prominent uh defense um expert Actually I don't even know the characterizing his defense is fair but they had a forensic expert in there already my guess is is they've already started a parallel investigation and I will tell you that there are things that are even in a probable cause affidavit that give me pause for instance Danny was talking about well they identified a car and blah blah blah well they did I they went to the FBI when the FBI was first shown the videos the FBI said it was to a 2011 to I believe 2013 or 14.
then when they found out that this guy doesn't have that model the guy all of a sudden changed his opinion as to what the model was those are the kinds of things that are going to come back to haunt the prosecution Mark real quick what would you what would you advise coburger if you were defending him right now what would you be telling him uh to continue to shut up and not say a thing there's no and we've got advice that advice I actually want to bring Frank and Jim back into the conversation here what are you guys reading from his body language right because I think I think the average viewer may be watching looking at this guy and honestly they may say themselves he sort of looks creepy well you know that's not fair to say about any defendant I think that they look creepy but I think now he is taking the advice of like Mark and his defense attorney now he's trying to be the criminology uh doctoral candidate before he was a criminal that's just too clever by half he dropped the knife sheath and tried to hide his cell phone activity I think what the case is going to need is just one little more pushover like Mark was discussing uh proof Beyond A Reasonable Doubt certainly I think we have solid probable cause but I'd like to see him have a little more maybe some blood traces at his office uh where or his apartment where he lived in Washington or in in the Hyundai so some something like that of the victims I think would cement the case for the prosecution uh it's going to be hard fought whenever there's a death penalty case and I've been on the prosecution side of those whenever there's a death penalty case it's a very very hard Fort case and everybody deserves a vigorous defense and I'm sure he'll get it but the evidence looks strong to me I think it needs a little more to get it over the hump a lot of great minds here in this panel want to bring in one more we have one of the country's leading genetic detectives who has helped law enforcement agencies identify suspects in more than 50 cold cases in one year alone CeCe Moore joins top story tonight CeCe thank you so much for being here we've been talking about that DNA evidence on the sheath along with the DNA evidence that was found in the garbage at his parents home if you can connect the dots for us and explain this like we're all five-year-olds here because I think this is what the lawyers are going to have to do in the courtroom with the jury how did did police do this and walk us through sort of through the CSI steps well of course it's specular based on what a from that sheath at the Idaho crime lab they would have created their traditional genetic profile from that that CODIS profile made of Str markers that is what is Court admissible and is also what has to be the basis of the arrest warrant when they didn't get a hit in that CODIS database they must have sent the remaining DNA to a private lab because there are no crime Labs with the capability of creating the profile that we need for investigative genetic genealogy that is up to a million Snips which is a different type of genetic marker than what is used it as evidence in court we look at genetic markers all across the genome and that gives us power to expand the search out and to find distant relatives once that private lab had created that snip profile it would have been uploaded to the two databases that allow law enforcement to compare against that's family tree DNA and GED match there's a huge misconception that they are using 23andMe in ancestry DNA which unfortunately is not true they have barred the use of their databases for Law Enforcement cases and that means we're limited to only about 2 million people we can compare against so people understand if you use those Services you mentioned you need to understand law enforcement we'll also have access to that information those two largest databases I know the ones you mentioned earlier yes so if you have uploaded your DNA to GED match or you've tested at Family Tree DNA or uploaded your DNA there you can opt in or out of law enforcement matching and so those customers have been notified that law enforcement is using those profiles and they've been given the opportunity to decide whether it's something they want to participate in and support or not so there's a lot of misconceptions that we're using people's DNA that don't know about it and haven't consented to it and that's actually not valid so CeCe they finally they get one of his relatives they're able to tie the DNA together um how many cases what percentage of cases would you say nowadays are prosecuted on this type of evidence using these types of links I don't know what percentage but I would say it's still very small we've been able to help solve over 250 criminal cases in the last four and a half years so that's one per average uh per week one per week on average and the FBI team is doing their work behind the scenes which I suspect is what happened here and there are additional teams working doing the same type of analysis so there's probably about 500 cases that have been closed thanks to investigative genetic genealogy but that's a tiny percentage of of course all the active criminal cases I do want to correct one thing which is when we upload to those databases it's not just one relative that helps us make this identification it's often a dozen two dozen we're looking for connections way back in their family trees most the time it's rare to get a close relative because there's only two million people out of the whole population so we're working with second third fourth fifth cousins and Beyond we're hoping to connect to Mom's side and dad's side Stacey we thank you for that I do want to round out this this panel though with with a question for our Legal Eagles so we have this affidavit which we learned a lot in and I'm going to start with Danny a lot of facts in here a lot of information a lot of grisly details to be honest the one thing we don't have here is the motive is does that matter who cares prosecutors don't care about motive motive is not an element of a crime but law enforcement will look for a motive because motive can be evidence of intent it can be evidence and explain more than that it can explain to a jury why this person went to this house and did what he did but it is not an essential element of any of the crimes that this defendant and is charged with so it's interesting it's helpful they don't need it Mark what's your take on that right we don't have the why we do not have the Y here and let me tell you Danny is absolutely right there's even a jury instruction in almost all jurisdictions which tells you that you don't need a motive that's and that's the legal the Practical matter is I prosecutor wants a motive every every murder case I've ever done the prosecutor's Got a Theory it's either a financial motivation it's a perverse motivation it's they they always have a theory and so they're going to be looking for that theory and by the way just to tie this up on the DNA the there's going to be a fight over the DNA and I will tell you why the the as CeCe has described it that kind of investigative background that they go through is not admissible itself it will get you to a point where you can then deal with it but they are going to take a swab at some point of him my guess is they did it last night when he was admitted in the jail they almost always will have an order before that where the judge will allow it they will then do a one-on-one comparison they'll take the the DNA that they recovered from the sheet they will compare it to the DNA profile that they they have from the swap they haven't they have not released that yet the reason that's important is because the databases that Cece's talking about are very limited I fought this battle 20 years ago when they tried to start mitochondrial DNA and the same FBI unit it's a limited database with limited people so the numbers you get are very very skewed based on ethnicity and the The Fairly limited amount of two million people so there's going to be a lot of talk about DNA here before we ever get to a either a preliminary hearing or a grand jury Mark eragost Danny savalos Frank fig Lucy Jim Cavanaugh and CC Moore we thank you for your time tonight here on top story still ahead the other major stories we're following tonight and a lot of news tonight the house in disaster Kevin McCarthy dealt another day of crushing defeats losing vote after vote in his bid for speaker of the house we'll have a live report from Capitol Hill plus an update on Bill's safety Demar Hamlin his doctor saying he is alert and communicating with family what his doctors say he asked when he woke up and the dramatic video out of New Jersey take a look at this a car seeming to fall out of the sky onto a house with body cam footage shows just moments before that crash happened stay with us [Music] all right we're back now with the chaos on Capitol Hill Top Republican Kevin McCarthy failed to win over the holdouts in his party yet again NBC News Capitol Hill correspondent Ryan Nobles tracking it all for us tonight with a standoff turning to a stalemate now possible signs of progress sources close to the negotiations say a promising deal is close Republican Kevin McCarthy's quest to be speaker look we're all working together to find a solution but so far the results have not changed the honorable Kevin McCarthy of the State of California has received 201 McCarthy has over 200 Republican votes but 20 hard-right holdouts are still blocking him from Victory this despite McCarthy overnight giving into new concessions the rebel Republicans demanded including allowing only one member to call for a vote to remove the speaker and giving the conservative Freedom caucus seats on the powerful rules committee according to members involved in the negotiations but the offer was not enough and now some conservative critics are slamming the handful of McCarthy opponents he has 203 your side has 20. why is it time for him to raw and not you when you have so many more votes well Sean he needs 218 and he does not have 218. we've been trying out but tonight Colorado's Lauren bobert telling us her issue is McCarthy himself you are a no on Kevin McCarthy specifically my vote does not get Kevin McCarthy the speakership I am a no on Kevin Ryan zinke of Montana still supports McCarthy if this continues to drag on then though wouldn't that be an indication that you aren't unified yet and this is going to be a long lengthy process going on I'm a seal I'm trained never to quit so I'll I'll be here as long as it takes okay Ryan Noble's joins top story live tonight from Capitol Hill Ryan another late night for you and the team there what's your sense are there any signs any Camp is going to Blink it does seem like Kevin McCarthy's Camp is at least moving in that direction uh Tom we know that they've been in Fierce negotiations with conservatives throughout the night that they have put a deal on the table the question is whether or not the conservatives will take it and even if they do take it if there will be enough of them that come into His Camp to get him to the 218 number that is still very much an open question okay Ryan nobles with the very latest reporting there from Capitol Hill Ryan thank you for that now to an update on Buffalo Bills player Demar Hamlin after he suffered a medical emergency during Monday night's football game in Cincinnati his doctors saying he's awake and get this he's communicating even revealing the first question Demar asked when he woke up Maggie Vespa is the latest tonight renewed hope for Demar Hamlin now awake and interacting with friends and family in the hospital it's been a long and difficult road for the last three days Emergency and Trauma Physicians treating Hamlet at the University of Cincinnati Medical Center say the 24 year old who went into cardiac arrest at Monday night's game remains in critical condition and on a breathing machine but they note he's showing signs of good neurological recovery it's not only that the lights are on we know that he's home uh and it appears that all all the cylinders are firing uh when it's in his brain even communicating with visitors using a pen and paper he was able to um emerge and follow commands and even ask who had won the game when yes did we win the answer is yes you know Demar you won you've won the game of Life yeah man he definitely won the game of Life Cincinnati wide receiver T Higgins who Hamlin tackled during that play Monday night reacting to his progress I got news uh this morning and man it was another big relief you know off of my chest in Buffalo today the bills resumed practice their teammate on their minds we just want to love up on them you know so the next chance we get I don't know when it's going to be if we if we get to see him anytime soon it's going to be awesome flowers bringing signs and just just thankful that he's recovering and I hope to send back on the field we're still gonna be praying for him and the team and his family and we're still going to show love and support this weekend with that support behind them the team says it's going to play for three in honor of Hamlin Maggie Vespa joins us tonight from Cincinnati Maggie a lot of news a lot of positive news coming out of that hospital there just behind you I do want to ask you about a section of your story where you talked about he has the ability to communicate now right because I think a lot of people when they first heard that news or saw the Tweet they assumed he was talking but that's not exactly where we are just yet correct correct he's still on the breathing machine so he definitely can't talk he's riding on a pen and paper and you heard his first question did we win talking about the game so that's why neurologically they think he's kind of being himself though having to write it down to that end I asked the doctors today is there any timeline upon which you feel like you need to have him off this breathing machine meaning if he's not offered by a certain day does that sort of give you an indication that they're going to be more problems down the road and they said no they said everyone situation is different they're not trying frantically to get him off the breathing machine by any given day and it was just all positive news again coming out of this press conference finally Tom three days after Hamlin's collapse okay Maggie Vespa for us Maggie thank you when we come back talk about a plan backfiring the suspects caught on camera trying to set an immigration office on fire when they get caught in the Flames next all right we are back now with top stories news feed the man accused of killing Migos rapper takeoff has been released on a one million dollar Bond Patrick Clark has been in jail since December he's accused of opening fire at a Houston bowling alley on Halloween killing the rapper officials do not believe takeoff was the intended target as part of his release agreement Clark will wear a GPS Monitor and surrender his passport now to the police chase in New Jersey that ended in a wild crash take a look at this video a home security cam capturing the moment a stolen car drops 21 feet off an embankment and onto the home below this happened in North Caldwell just outside of New York City and now new police body cam footage shows the car fleeing from officers when it just drives off the ledge authorities say the driver and a female passenger inside escaped with minor injuries they are now both in custody all right two suspects caught on camera accidentally setting themselves on fire while allegedly trying to burn down a California immigration office ring surveillance footage shows the mass men throwing liquid accelerant on the exterior of the building in Bakersfield one of those men then lighting a spark and look what happens immediately igniting a fireball the men eventually ran away the building was damaged but no one was inside at the time nowhere yet on any arrests or injuries there and an update tonight from actor Jeremy Renner as he continues to recover from a brutal snow plow accident the actor posting a video from an ICU bed along with his sister and mother he's wearing an oxygen mask obviously as you can see he's also you can see some of that bruising on his face but Runner keeping it light riding his ICU day turning to a spa day authorities revealing Renner was run over by a seven ton plow near his Nevada home on New Year's Day okay we want to turn to that wild weather we've been tracking all week it's slamming the West Coast more severe conditions are on the way in California after this latest powerful storm fueled by a bomb Cyclone tore across the state at least one death confirmed so far a toddler as Cruz raced to Rescue Power restore power I should say in clear roads here's Miguel amigere from Swift water rescues in Southern California to piers pummeled in Northern California a massive trail of Destruction as emergency calls poured in multiple injuries Before Sunrise the brunt of the deadly storm tore across the state in San Francisco a family trapped in a car finally freed by firefighters further north a two-year-old child killed by a falling tree when I first arrived on seeing a frantic father came out of the household of the child while 21 million remain under a flood watch wind shredded the region up to 106 mile an hour gusts in the mountains three down for the three down on a person at the zoo you wake up this morning you walk out the front door what do you see oh my God this thing I I had to do a double take it was like a bomb went off as authorities fear landslides the atmospheric river that caused the torrential rain is part of a Pineapple Express now his First Responders raced to washed out roads down trees and damaged homes the cleanup begins just as another other storm rolls in tonight there's concern there could be additional fatalities crews are still sifting through the damage Left Behind Tom Miguel almaguer with the damage and the danger right there all right Miguel thank you when we come back the arrest unleashing the cartels Fury El Chapo's son detained by the Mexican military the ruthless gang of drug dealers already doing whatever they can to get him out including shooting a plane the dramatic image is coming next back down with President Biden's promise to address the surge of migrants at the border the White House rolling out a new plan today that will allow tens of thousands of migrants to enter the U.S
each month NBC's Peter Alexander is at the White House Peter Tom that visit for President Biden the border is going to come Sunday all of it after President Biden has faced Fierce criticism over his handling of the Border crisis where there has been a record number of illegal border crossings the president tonight announcing that he'll expand efforts to quickly expel migrants from Cuba Haiti Nicaragua and Venezuela who come here illegally as he warned in remarks to migrants today do not just show up still he says the U.S will allow up to 30 thousand migrants from those countries that come to the country each month through a newly expanded vetting process this weekend the president's expected to stop in El Paso Texas where shelters have been overwhelmed by a surge of migrants the city's Democratic mayor there Tom has already declared a state of emergency back to you okay Peter Alexander first Peter thank you now to the Americas where we have new details out of Mexico on the capture of cartel leader Oviedo Guzman that may sound familiar it's because he's the son of drug kingpin El Chapo Guzman in response cartel gunman taking control drove the streets in the state of Sinaloa burning cars and even shooting into passenger planes this all coming just days before President Biden visits Mexico Juan Venegas with that video and the story tonight a battle to control the state of Sinaloa Mexico with burning buses in the streets and travel restrictions in place after the son of El Chapo ovidia Guzman was arrested by the Mexican military and what they say was a joint operation [Music] Federal authorities say he was captured outside the state's capital culiacan just after 6 a.m he was traveling in a vehicle with other gunmen when detained and quickly flown to Mexico City cartel gunman reacting all across the state this morning a video circulating on social media showed passengers on a plane at the culiacan airport ducking for cover children scared after the sound of gunshots erupted Aeromexico confirming one of its planes scheduled to depart this morning was struck by gunfire the airline now canceling all flights to the three main cities in the region and the government also confirming a Mexican Air Force plane was shot as well a failed Prison Break attempt confirmed by Sinaloa authorities today's actions could be a violent show of Power by the Sinaloa cartel faction led by El Chapo's son the chapito's faction of the Sinaloa cartel are very powerful they run the dominant power in culiacan this is the second time El Chapo's son has been captured by Mexican authorities his first arrest in 2019 leading to similar violence the cartel retaliation was so intense he was released to avoid Mass casualties ovidia also faces drug trafficking charges in the U.S and an extradition request has been submitted by American authorities man was flown on a military airplane from Sinaloa to Mexico City early in the morning before the The Hitman for the cartel really got a chance to put the pressure on there so now it's very politically difficult for them to release him under pressure from the cartel I did before that video in this story is so wild I know you have some new reporting tonight on the Secretary of Foreign Affairs in Mexico speaking out uh Tom Detroit uh secretary foreign spoke about this and said two things that we're all wondering one he said American agencies did not participate in the arrest and two he says that the video Guzman has to face the Mexican Justice before they can consider extraditing him to the United States Tom okay guard Venegas for a squad thank you and tonight excerpts from Harry's book sending shock waves from recent physical fights with his brother Prince William to the heartbreaking story of how he learned about his mother's death right after this here's Simmons from Buckingham Palace with all those new developments stay with us all right we're back now with the Royal Bombshells from Prince Harry's upcoming Memoir in it Harry says his brother Prince William physically attacked him in an argument over wife Meghan Markle here Simmons tonight with that and more on Harry's explosive claims tonight an array you have stunning leaks from Prince Harry's book after it appeared on bookshelves in Spain early NBC News obtaining a Spanish language copy of spare in it the Duke of Sussex describes a 2019 physical altercation with his brother the Future King he grabbed me by the collar Prince Harry writes about William ripping my necklace and he knocked me to the floor I landed on the dog's bowl which cracked under my back the pieces cutting into me I lay there for a moment dazed then got to my feet and told him to get out the fight over Royal rolls and William's criticism of Megan according to Harry but the book makes many more allegations Prince Harry writes of King Charles marriage to Camilla in spite of Willie and I begging him not to though he says we recognized that he was going to be with the woman he always loved but he also details a fight between Kate and Megan says William and Kate howled with laughter at a Nazi uniform he wore to a party for which he had to apologize and even says Charles would joke with Harry that he was not his father there's more personal details he writes of taking cocaine losing his virginity and of the moment he was told Diana died Charles broke the news he says calling him my dear son what I do remember he says with stunning Clarity is that I did not cry not a tear my father did not hug me all right here Simmons joins us tonight from outside Buckingham Palace in London here these are truly sort of shocking allegations and I know in modern times there has been so much that has happened to the royal family from Death to Scandal to abuse and now this how is London and and the royal family reacting to to everything that's coming out in this book right now but a silence Tom I mean they're not reacting there's no comment from Buckingham Palace behind me there I think they're trying to cling on to the idea that if they just carry on and in some ways I suppose ignore it that in the end they'll kind of Rise Above It by they I mean of course the king and the queen consort and the prince and princess of Wales at William and Catherine whether they're going to be able to sustain that is is another question because you know Tom I think this really is shaking the foundations of the Palaces and of King Charles's new monarchy because he's got two sons now absolutely openly feuding and that cannot be doing any good for his Reign if you like and here I have to ask you about this relationship with his brother right since humans have been around there has always been problems Between Brothers just open up the Old Testament but I do have to ask you I always talk about these brothers ever coming back together we saw something during uh Queen Elizabeth's funeral that possibly maybe the two brothers were coming back together but now you read these allegations in this book and you just wonder can the Future King ever forgive his brother or will his brother ever forgive him yeah you really do wonder that don't you and I think one of the most damaging allegations perhaps in in this book is that Harry claims that his own family briefed the media against him conversely I think and this goes to your point you know how do members of the royal family mingle and mix with Harry and Megan with the concern that perhaps it all turns up on the television or in an in another book so you know listen you you talk about the ancient idea of Brothers feuding well another ancient idea is this tension always within a royal family between the air and the spare and of course the book is called despair the royal family have seen this before they have dealt with this before and they will be hoping uh tonight that they will survive this as they survived many scandals before Tom finally here in the court of public opinion there in the UK I do have to ask you the Netflix documentary came out here in the U.S and and there were a lot of people who said listen I never heard this side of Megan's story and Megan and Harry both said they came out with a documentary sort of wrestle back the narrative and tell their story that's why Harry says he released this book as well is that plain at all is that is that reason is that is that playing at all in the UK are people buying that or are people rejecting that notion uh briefly Tom uh there is a lot of negativity towards Harry and Megan honestly here particularly in the UK that being said I have heard from people that they have changed their opinion after watching the Netflix documentary I think honestly we're gonna have to see here Simmons for us a lot of reporting there uh on a story that we're probably going to stay on top of for weeks to come here we thank you for that we thank you for watching top story tonight I'm Tom yamas in New York stay right there more news on the way thanks for watching our 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2023-01-10