braves, yankees game and dies. >> people were really disturbed.

the guy fell and he fell very hard. it was not good. >> you could imagine what it was like for all of those families there. >> yeah. the kids who were nearby. >> my goodness. good to be with you. this morning we're starting with the texas man who's facing capital murder charges in the ambush and fatal shooting execution style of a sheriff's deputy. the suspect has been in custody since yesterday. people who live in that area near the shooting helped lead the police near him. the deputy was putting gas in his car near houston when he was shot in the back. authorities describe this as a, quote, cold-blooded execution. hundreds attended the vigil. they lit candles, prayed for the

47-year-old father of two, husband as well. right now police are trying to determine what could have motivated this killing. >> we have not been able to extract any details regarding a motive at this point. as far as we know, deputy goforth had no previous contact with the suspect. it appears at the outset to be clearly unprovoked. our assumption is he was a target because he wore a uniform. >> let's bring in nick valencia now. what do we know about him? >> shannon j. miles, charges include trespassing, disorderly conduct. he's now facing capital murder charges for the execution style

killing of a veteran of the sheriff's office. he seemingly was caught off guard as he was pumping gas in the houston area. goes into the gas station, comes outside. and shannon j. miles pulls the trigger. >> we were talking yesterday about the fact there was a traffic stop 30 minutes before that. that has been deemed not to be connected, right? >> they were looking into whether or not this accident 30 minutes before played any role. police say that too much time had elapsed for it to be connected at all in this shooting. they do believe, though that the deputy was shot simply for wearing a uniform. they call it absolute madness. and they believe this deputy was

gunned down simply because he was a law enforcement official. >> thanks so much. i want you to listen here to what harris county sheriff ron hickman said yesterday. >> our system of justice absolutely requires law enforcement be present to protect our community. so any point when the rhetoric ramped up to calculated cold-blooded assassination of police officers, it has gone too far. we've heard black lives matter. why don't we drop the qualifier and say lives matter? and take that to the bank. >> saying they believe he was shot because he was wearing that uniform, but they say they can't get a motive out of the suspect they have in custody.

what would they need from that suspect other than a confession to determine what was exactly what happened? what if the suspect never talks and they don't know? >> part of the investigation would include going back through every arrest that officer made, every major event he attended. did he ever have any kind of a dealing with miles in the past that it would appear to be personal retribution on him as an officer individually. so far they've found none of that. unless the suspect tells the police more definitively why he did it, that's what they have to go on. they can see any other reason than a police officer on the street in uniform and available to be killed if he wanted to. >> he fell to the ground and he continued to shoot him. this is the thing. you were a beat cop, we know.

help us understand what the conversations are inside police departments right now and the mentality of police on the street. what are they thinking after an incident like this? >> they're conflicted right now. one of the problems is you heard the event last week in birmingham where an officer had his gun taken away from his and was beaten into unconsciousness with his own weapon. and later said that he hesitated. even if it was a justified shooting, it wouldn't look like a justified shooting, so he hesitated. on the other hand, you can be ambushed even if it is a traffic stop or it is going to a family disturbance or a robbery. when you walk into a situation, you don't have the ability to know what's behind the closed

door, behind the walls of a home. any time an officer is involved in his daily duty, he's completely vulnerable. we've had 22 police officers shot to death this year. it's just incredible. many officers know that rhetoric that's out there of the police, you know, what do we want? dead police. when do we want it? now. when you hear that in major protest on the treat, that spawns other people that may be borderline to attack. >> we know his criminal history included resisting arrest, evading, disorderly conduct. the history -- does somebody with a history like that, would you expect them to escalate to do something like this? >> certainly. what we don't know, christie, is

whether those charges were reduced as a result of plea bargaining. disorderly conduct with a gun? you know, what does that mean? >> right. tom fuentes so appreciate you being here. thank you, sir. >> you're welcome. >> we'd love to hear your thoughts. please tweet us or go to our facebook page. do you think there is a war on police right now? and how do we balance the concern and passion that are going on on both side of the issue at the moment? the top of the 7th inning, yankee alex rodriguez walking to the plate when a fan fell from the upper deck. you've got to hear the details of this story. hillary clinton is still in the lead for the democratic presidential nomination but bernie sanders is closing in. how his climb in the polls could be a concerning sign for the front-runner. and governor chris christie announces one element of his

immigration reform plan. >> we let people come into this country with visas. and the minute they come in, we lose track of them. i'm going to ask fred smith, the founder of fedex, come work for the government for three months. all ahead on "new day" sunday. big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern. i brought in some protein to help rearrange the fridge and get us energized! i'm new ensure active high protein. i help you recharge with nutritious energy and strength to keep you active.

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democrats to just seven points. the former secretary of state has lost a third of her support since may. >> then let's talk about the go pack. ben carson edging a little closer to trump here. the reality mogul at 23% in the critical early voting state while the retired neurosurge -- neuro surgeon is in second. >> clinton, we talked a couple of months ago and you said everything's baked in the cake. clinton's been in public life for 25 years. the numbers aren't going to change. >> do you have video of me saying that? >> i wasn't going to do that. but what's going on with clinton now? >> it's called bernie sanders is popular. but she's still leading. unless hillary clinton starts to lose her lead, this is still hers to win.

here's the thing, 14% of the people, 14% of democratic caucus voters in iowa are still saying they're undecided. they're not undecided. the catch is, is there a barack obama here? no. there's no candidate who's that new, that galvanizing, that amazing to people. is bernie sanders competitive? yeah. but i don't see him winning this caucus. i still think hillary clinton is going to win iowa. >> what about biden? he was 18% and he's not even in the race yet. >> if we really want to know if hillary clinton is doing bad, if there's some serious problems, biden is getting in this race. the only reason biden is getting into this race is if he has a chance to win. the fact that he hasn't means hillary clinton is still -- >> we've got trump and carson on

top for republicans. why these two specifically at this point, do you think? >> one, if you look at donald trump, he's always been popular. ben carson has been running ads and spending a lot of time there. here's what's key. on august 31st of 2012, rick we are perry was at 23%. michelle bachman was at 18. it means nothing. >> part of this survey asked respondents, republicans and democrats if they are happy, satisfied or unsatisfied, mad as hell. maybe this spoerupports this outsider theme with trump and carson. let me read you some of the numbers with republicans. barack obama, unsatisfied or mad

as hell, 96%. hillary clinton 93%. republicans in congress, 75%. does the passion this mad as hell element elevate them, push them to the polls, keep them committed? >> here's the thing, when it comes to a presidential campaign when it gets down to two people no one has ever won a presidential campaign by having people vote against the other guy. that passion, when it's 96% are satisfied with donald trump or scott walker or jeb bush, then you can say it's something great for republicans. now it's going to help for outsid outside outsiders, for fund-raising. but you don't want an unhappy party. >> we'll see you next time. >> definitely. . listen, another political headline for you here.

chris christie says if he's elected president, he's going to track undocumented immigrants like fedex packages. listen to what he said in new hampshire. >> we let people come into this country with visas and the minute they come in, we lose track of them. so here's what i'm going to do as president. i'm going to ask fred smith, the founder of fedex, come work for the government for three months. >> christie is not the first politician to cite fedex as a model. security changes are being made after a group of americans helped stop a terror attack on a train in france. we'll tell you what is finally being done. he made history as the first african-american to play the lead in les miserable.

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the fan who tumbled off the upper deck of turner field where the atlanta braves play has died. matt johnson from our affiliate wsb spoke to a witness who just rose from where the man landed. >> that looked like a fall that would kill someone. >> he was just ten rows away when the man fell from the upper deck of turner field to the first level of seats. >> he fell on his head from easily 50 feet onto concrete.

>> a fan fell from the upper deck. >> they were doing cpr from the moment they got to him and they were still doing it when they left. >> another witness tells me the man was near the railing as alex rodriguez took the plate. the man fell in section 202. even fans nowhere near that section started to get word something had happened. >> there was a big commotion. >> witnesses tell me they're hoping the man makes a miraculous recovery. >> people were really, really disturbed. the guy fell. he fell very hard. it was not good. >> again, thank you to matt johnson reporting from our affiliate wsbn. we have word that the man died at the hospital. >> why? do we have an answer to that? >> this is a big game.

everyone wants to see the yankees. alex rodriguez is a designated hitter. he doesn't play the entire game. that was the first time fans got to see a-rod on the field. this man was yelling at a-rod. he went to the railing and something went wrong and he fell over. according to reports, it's 50 feet from the upper deck all the way to where he fell. he apparently hit the wires that hold up the netting behind home plate on his way down, which also caused injuries. apparently there was no delay in the game. the game just went on as normal. no one on the field noticed. the braves released a statement on the man falling. they said we have received confirmation that the fan involved in the accident in tonight's game has passed away. the braves offer their deepest condolenc condolences. the police did add that they do not suspect foul play.

>> it's amazing he didn't hit anybody else, first of all. this isn't the first time something -- >> this is not. just a couple of years ago at a braves game a fan fell 85 feet. the police ruled that suicide. and another man fell and died. after that death the texas rangers did a complete analysis of the ballpark and all of the -- they did make some changes. we'll have to see what safety measures they put in place. >> thanks so much. here's a look at stories making headlines now 24 minutes after the hour. >> talking about french experts who say they have not figured out whether this plane wing belongs to mh370. investigators know the part does

come from a boeing 777 but they still need to identify a number on the inside of that flaperon. subway is denying they ever knew anything about jared fogle sexual assaulting children. a woman says she tipped off the former ceo of subway about fogle paying for sex with minors. he accepted a plea deal earlier this month and will serve between five and 12 years, according to that deal. a rising star who made history on broadway suddenly fell to his death. he died yesterday after he fell from a fire escape. he was the first african-american to play the lead role in a broadway production of les miserables. what he called, in fact, his dream role. a suspect is in custody for

an execution style killing of a texas deputy sheriff. a legal expert weighs in on the charges against him and the legal battle ahead. security increased on international trains in europe after that terror attack was foiled in france. with my moderate to severe ulcerative colitis, the possibility of a flare was almost always on my mind. thinking about what to avoid, where to go... and how to deal with my uc. to me, that was normal. until i talked to my doctor. she told me that humira helps people like me get uc under control and keep it under control when certain medications haven't worked well enough. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where

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custody. he ambushed deputy goforth as goforth walked out of a gas station to his car. he shot him in the back and stood over him and shot him again and again for no clear reason other than he was a law enforcement officer. joey jackson with us right now. walk us through how this could play out in terms of being in the courtroom. how do you assert and procesecu capital murder and make that stick? >> a sad day for law enforcement. in capital murder cases you need two things. one is to demonstrate the internal act of murder. that has to come with the second thing, which is an aggravating circumstance. in this case, you have it because there was a specific killing of a law enforcement officer. so with those two things, you

have capital murder. and as you know, christie, that makes it eligible for the death penalty. in texas they certainly do impose the death penalty more than any state in the country. 528 people killed in texas via execution in the last 33 years. >> let's talk about his criminal history. resisting arrest, trespassing, evading detention, disorderly conduct with a firearm. how does that play into this? >> great question. it may or may not play and here's why. in the event that a defendant te testifies, your prior conduct and prior criminal record -- what the prostitution in the event that a defendant testifies, can be probative to the issues. you want a jury to evaluate

someone's guilty or lack thereof on the facts and strength of this case, not their prior propensity to commit any other acts. so judges are very careful in terms of what they allow a prosecutor to ask a question of a defendant if that person testifies. if they don't, then it becomes a nonissue. >> so they have this guy on surveillance camera, who they believe him to be. they have the weapon they believe wus uas used. and he ran. how do you defend this guy? >> this case is all about identification. i think you're going to see the defense focus on this issue. in terms of the surveillance, is it absolutely him? is there any indication it could be someone else? was there someone else with him? was there someone else responsible? what about dna. was any dna left at the scene?

does the gun connect to him in any way? was his dna on that gun? do the ballistics match? they predicate any defense of him on the issue of identification. if you can't shake the identification of the surveillance, of any dna, of the weapon connected to him, i think the defense will have a very challenging time. in the event you could establish perhaps that it was someone else and it's not him, i think it's a different story. you just want to ensure that the person in custody is the person who did this tragic thing. new this morning, europe is calling for changes in railway security. of course this comes after an attempted terror attack on a train headed to paris. they want an increase in badggae checks at stations and better

coordination on intelligence and security across europe's border free travel zone. martin, what other changes are they called for? and what's the feasibility of these changes? >> reporter: many americans are probably familiar with the euro st star. the rest of the trains that travel across much of europe, you just buy a ticket and hop on the train. it doesn't appear that there's any kind of -- they're looking at, yeah, tighter checks on baggage and tighter checks on identification. one of the problems is that you buy a ticket, your name is not on that ticket. it's like buying a bus ticket. this is one of the big things they want to implement, that a name goes on the ticket. if you're going, say, from

amsterdam to paris, your name. once again a name on the ticket goes into a database. once it goes into a database, security can begin to see if you're on a no fly list or a no ride list. these are the kind of changes they're talked about. they've got beefed up security on a train and a chance that you may be picked out of a crowd to have your bags looked at. the measures seem tame. that's the problem. many people with horrified by what could have happened. that's another thing people are talking about. a change of attitude maybe amongst the french to be more kind of american, see something, do something. >> you have several governments obviously that would have to be part of this negotiation and to implement these changes. what are the hurdles between the identification of the changes

and implementing them? >> you have a number of nations of course that all have to come together. you have a number of train systems that all have to come together. one of the big issues, who's going to pay for this? because that is a huge issue. the train companies certainly don't want to fa fpay for it, governments don't want to pay for it. security adds to the cost. people take the train like climbing into cars. when you have that many people, especially at rush hour or peek travel time, the reality is very different than when you talk about the feasibility at a meeting. much of this is probably not going to be implemented until later in the year. >> when you start talking about inconvenience, then tunes change unfortunately. >> reporter: that's exactly the

point. many people when they visually a train station that's packed, how are you going to implement this kind of security that you really are talking about? maybe you're going to have to start thinking about other ways of travel. >> martin savage from paris. martin, thanks. tropical storm erika is not expected to have a huge affect on the u.s. when we're talking about the wind. it still will bring some rain. but there is an unnamed storm that passed through on the west coast. the fierce winds there killed two people in washington. we'll talk about that. you cannot get over some of the pictures and stories coming out of europe here. these are families putting their lives at risk for the chance at a better life. what is keeping them from getting to their goal? and what is that route like? we'll have a live report from budapest.

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. erika has been drown graded from a tropical storm. florida governor rick scott says there still could be trouble ahead. >> the storm has been completely unpredictable. we've got to continue to watch it. even if it doesn't become a tropical storm or hurricane, we can get a lot of rain and flooding. >> let's bring in cnn plon meteorologist. >> that really has been the concern the whole time, even

when it was a tropical storm, the flooding rains have really been the thing to watch out for. here is a look at the remnants of tropical storm erika positioned right along the keys and cuba and florida. it's producing heavy rain in parts of miami. the system will slide along the west coast of florida basically from tampa all the way down through naples. when it does, it's going to bring that heavy flow of moisture all the way up towards the panhandle. again we're going to continue to see heavy rain, which is why we have the flood watch basically in the entire state. four to six inches right around the sarasota area between tampa and fort myers. and also miami as well. most areas in between will pick up between two to four inches of rain. another system, not a named system, but still very impressive is a system that pushed into the northwest

yesterday, bringing a lot of heavy rain to some areas that needed it. also it came with strong winds. 90 miles per hour wind in oceanside, oregon. even marietta, washington, picking up 67 miles per hour winds. on the one side the rain is great. they've been in such a bad drought. with all of the fires out there, they need it. the only difference is it has now started to shift. they're going to get possibly an additional one to two inches from seattle down to portland. this is something we're talking about next hour. drones used as weapons. police in one state are now authorized to equip drones with taser, with rubber bullets. we're talking to the bill's author who says this is not what we intended. first, though, a live report from budapest where an enormous

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new this morning, the u.s. is going to be opening its doors to between 5,000 to 8,000 syrian refugees. >> urinatieuropean nations are it quite difficult to deal with the refugees. so many refugees they're still waiting for help. arwa, we spoke with you yesterday. how long have these people been there? >> reporter: a lot of them have been here for four or five days. here's the bigger issue. these are all refugees from syria and iraq. they have fled hell in their own country, war and death. and then they have gone through

a different kind of hellish journey just to get this far. they've been trapped at borders for days under the rain without shelter, held under the beating sun with no water. they have finally made it here. and hundrgary is not allowing tm to leave. they're being left in these abject miserable conditions and they don't understand why. there's nowhere to shower. people are running out of money. they didn't calculate they would be held new all these different spots for so long. babies have been crying. mothers have been coming up to us pleading for help. people are reaching a breaking point. there's syrians who are begging germany to do something because germany has said they will take in hundreds of thousands of refugees and asylum seekers.

they cannot understand why it is hungary will not let them know. there is little to no aid out here. children are getting sick. hygiene is of great concern. these people, they are the iraqi father who carried his daughter on his shoulders or weeks because in syria she was his little princess. he is risking everything to try to give her a life like that again. these are people who had no choice but to flee their respective countries. and yes, they know it is a great risk for their children. but they believe if they stay in their homelands, they'll end up dead, which is why they're risking everything, including the lives of their children to make it here. they believe they were chasing a false dream. this dream of europe that was meant to provide them a life of dignity where basic human rights

would be respected. they don't understand why they're being left like this. >> i'm going to ask you next hour why there is conversations going on with german and hugarihugari -- a norwegian activist posted this photo. this is a man selling pens while holding his sleeping child. using the hashtag buy pens to track down the dad. a crowd funding page raised over 140,000 to help him. he's going to use the money to send his children to school and he wants to help fellow refugees.

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the associated press is suing the fbi for refusing to release public documents related to the time an agent impersonated a reporter to track down the suspect. the bureau was investigating a series of bomb threats at a seattle high school. by pretending to be a reporter the agent got the 15-year-old suspect to click on a link that allowed the fbi to find his location. they defend the agent's action. are electronic cigarettes helping smokers kick the habit or are they fuelling a new addiction? a lot of people apparently use them as a way to quit smoking

and others are using them as a way to discreetly take synthetic drugs. >> reporter: on any given afternoon broward county deps come across this. >> he told me he paid five bucks for that little bag. and the high will last several hours. >> this is just one of the inexpensive synthetic drugs ravaging south florida. there's a new twist that's making fighting these drugs even harder, e-cigarettes or vaporizer pens. >> it's prevention to rehabilitation. >> reporter: the lieutenant says vaping drugs is so discreet teens can do it in school. >> what they're vaping i cannot determine. >> it used to be that if you were trying to get high, it

would smell. >> exactly. all of that has changed. >> reporter: they have to get it tested by a lab. you can't determine what's in it right away? >> not at all. these individuals can smoke it right in front of you. >> reporter: e-cigarette use tripled in 2014 among high schoolers. they are posted videos of themselves getting high of youtube. the drug enforcement administration is so concerned because synthetics can be so dangerous no matter how they're ingested. >> we've seen it time and time again where somebody has overdosed and died. there are a significant number of overdoses occurring related to these types of drugs. >> reporter: all of this is so

new no one's keeping track. no one knows how many people have been injured or died from vaping synthetic drugs. already emergency rooms are seeing an increase and the stories are disturbing. >> i have had patients in my practice in the emergency room that i have walked in on that are vaping at the bedside. >> reporter: the doctor says recently a patient was discharged after an overdosed and went into a bathroom on his way out of the hospital, vaped more drugs and had to be taken back to the e.r. >> in the hands of teenagers and drug abusers they are a very dangerous thing to have. >> another thing to remember, these aren't classified as drug paraphernalia. there's no federal age limit regarding who can buy them.

something to think about. >> yeah. learning more about those synthetic drugs. lot more coming up on the next hour of your "new day." starts right now. right now the suspect facing charges in the execution-style shooting of a sheriff's deputy is in jail. shannon miles accused of shooting and killing a texas lawman who was putting gas goo his patrol car. people were really really disturbed. the guy fell very hard. it was not good. >> new this morning, a fan dies after falling from the upper deck of atlanta's turner field during a major league baseball game. this man tumbled out of the top level as the game played. bernie sanders now making a play for the top spot in iowa, continuing to cut into hillary

clinton's lead. all that and so much more. good to be with you this sunday morning. first, the grieving widow of a sheriff's deputy who was kill e execution-style. she said her husband combined toughness and gentility. miles was taken into custody yesterday. police say the people who lived in the area of the shooting helped lead investigators to miles. he has a criminal record. this all unfolded while goforth was putting gas into his patrol car in houston. he was shot in the back and shot several times. hundreds of people here at this vigil last night at the gas station where goforth was killed. they prayed, lit candles here. remember, this is a 47-year-old

husband and father of two. cnn's nick valencia is following this case and all the developments here. the big question is why? seemed like this happened with so much passion. have investigators been able to answer that question? >> they have not officially announced a motive and the suspect has not given them a motive either. authorities there in harris county were pretty convinced as to why they believe this t10-yer veteran of the sheriff's office was killed. >> we have not been able to extract any details regarding a motive at this point. as far as we know deputy goforth had no previous contact with the suspect. it appears to be completely unprovoked. our assumption is he is a target because he wore a uniform. >> sheriff ron hickman went onto

say he believes this is absolute madness. you also heard an impassioned plea from dpevon anderson who said the silent majority need to step forward. they believe in that county there is open warfare on law enforcement officials, not just in texas but the entire counted. >> let me ask you more about the suspect. do we have any details there? >> we have been taking a closer look at this man you're looking at there on your screen, shannon j. miles. he has a criminal history that includes charges of resisting arrest, trespassing, evading detention and disorderly conduct with a firearm. because of his believed involvement in the shooting in gunning down this sheriff's deputy, he's now facing a capital murder charge. >> could you explain the tracking that was used here?

from what i understand there was some tracking of a vehicle. >> yesterday we heard from the texas department of public safety who said that the suspect's mother actually played an instrumental role in turning her son in. she said there was a conversation they had that led her to believe he was involved in this shooting. authorities used a tracking device on that red pickup truck he was driving. there was local residents in the area who witnessed him pulling the trigger. the details of this, just really ruthless. this suspect is alleged to have fired the gunshots as this deputy was not looking, was not paying attention. so from behind and continued to fire on the deputy as this deputy was on the ground. >> still getting new details here. nick, thank you so much.

>> want to bring in cnn law enforcement analyst cedric alexander. we just heard that term open warfare on police. do you believe that is the case right now? >> we do know there is certainly an attitude towards police that is somewhat questionable by people in the kmuntd considering over the year we've seen a lot of attitudes change that relate to police and comment relationshrelatio community relationships. do we have those elements that are out there that somehow are looking at this in a very different kind of way? yes. and i think we've seen that clearly here. here's what's very encouraging after this unfortunate loss of live. his mother took part in turning him in. we also heard reports too of the community coming forth and taking part and helping local

sheriff's department there identify and locate the subject. so that says a lot about that community. it says a lot about its relationship. but yes there are challenges going on out there. and a lot of people do have this attitude toward police that is very negative. and we cannot support that. we have to consider all the time is that for all of us to experience good public safety, we have to have a police department that works well together. >> law enforcement is not going to stop wearing law enforcement uniforms. i don't think most people want them to. what other options are there? are there other options to protect some of these law enforcement officers? >> what police is going to continue to do and i even considered my own jurisdiction here in dekalb county. we're going to wear our uniforms proudly and protect the public

as we're sworn to do. and we're not going to change any of that. we're going to continue to encourage our relationship building with our police department. here's really what's very important is that community support their local police. that is so important to the public safety of all of us. here the deputy who lost his life protecting that community, those lives, all lives, not some lives, all lives. and that is important to note in this case. because he lost his life. that was was just a down right assassination, an execution. whatever becomes of this young man will be left up to the courts there in the state of texas. but it is sad. it is tragic. we as americans should not toll

ra tolerate it by any means. >> when you look at his history, would you expect charges like that from a man to escalate into something like this? >> oftentimes we see and i think you will find the literature out there to support this fact as well, once a person gets on a trajectory of continuous criminal behavior, it can lead to things. in this case the deputy who lost his life wasn't able to defend himself. it was a cowardly act. you saw the large turn jouout t in that community last night. that speaks volumes to that community. the country as a whole, is that we have to make sure that in our local communities police and

community are joining in making sure that we communicate with each other and we support each other particularly when tragedy comes into our communities. >> we always appreciate your voice. thank you. >> thank you for having me. well, this is some news that a lot of people have been watching, this fan tumbling off the upper deck of where the atlanta braves play. he has died now. >> he fell very hard. it was not good. they were doing cpr from the moment they got to him. >> police investigating what caused a man to fall head first onto that concrete walkway. they do not believe foul play was involved. a lot of passionate fans in this game. >> this was a big game. sellout crowd on hand to see alex rodriguez and the yankees take on the braves.

a-rod came to the plate for the very first time. so this was the fans' first time to boo and yell at a-rod. witnesses say the man who was in his 60s was at the rail yelling at a-rod and he fell over. no one in that lower level was injured but the man on his way down hit wires that hold up the net behind home plate on his way down. he was taken to the hospital where he was later pronounced dead. the braves released a statement saying we have received confirmation saying that the fan involved in an incident at the game has passed away. this is not the first time a fan has fallen from the upper deck at turner field. in 2013 a fan died after falling 85 feet.

he died. and after that incident the texas rangers did a complete review of the stadium's safety measures and made changes to all the railings and the ballpark. it's going to be interesting what the braves do. >> i can't help but think not just of his family but the other families that were there and the kids who saw it. let's talk about the new polling out of iowa that is revealing some important narrowing for the democratic nomination. bernie sanders surging. but will the people there continue to feel the bern? plus new reporting on the debris found. why investigators are not sure if it belongs to mh370.

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presidential hopeful bernie sanders is continuing to cut into hillary clinton's lead a bit. look at this new survey from the des moines register. sanders edging within seven points of the former secretary of state in iowa. this doesn't just mark a remarkable eight-month climb for sanders. but the secretary of state has lost one-third of her support in iowa this year. polo sandoval is live in washington. what stood out to you? >> reporter: this is going to be a reality check for democrats, particularly for the clinton campaign. you see clinton still holding a major lead nationally. but these numbers from iowans is likely to cause some angst for democrats. bernie sanders trailing clinton

37 to 30%. clinton also appears to have lost one-third of her support since may. by the way, if you look at the nps, what's interesting also is vice president biden gathering at least 14% of the vote there out of potential caucus goers there. remember, he still hasn't thrown his hat in the race. why such a narrow gap between clinton and her opponent? the poll found that it may not necessarily be an opposition to clinton as much as really the enthusiasm and deep support for sanders. a whopping 96% of his backers support his ideas. these numbers may not come as a complete sfriurprise. this poll is also being released also as we approach -- as we see

a different approach from clinton. she was a bit more aggressive towards republicans. she called them terrorist groups when it comes to the issue of women's health. clinton still holding onto a major lead here, but it's very early. >> early and saying, you know, one-fifth of voters have a negative view of clinton and a lot of that comes down to trustworthiness. how does she plan to overcome that? >> we have clearly seen also a hillary clinton that has tried to be more accessible. very different hillary clinton compared to what we say earlier this year. we see her hosting more town hall events and allowing more of her personality to shine through. this could be an approach that we'll see from the clinton

campaign. . sanders by the way is not the only candidate surging in iowa. in about ten minutes we'll tell you who's inching closer to trump's top spot in the gop pack. let's talk about this extreme weather in washington blamed for two deaths. we're going to tell you which areas are at risk today. plus, still no clear answer about this, this piece of an airplane's wing found on a french island. investigators in france now are not so sure.

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just when you thought we might have some answers, french experts say they have not figured out if this plane wing actually belonged to mh370. the airliner disappeared with 239 people on board. investigators know the part comes from a boeing 777, but they say they still need to identify that number on the flaperon. a rising star who made history on broadway dies. he fell from a fire escape. he was the first african-american to play the lead role in a broadway production of les miserables. a man died last week in the twisp fire.

look at these pictures. fellow firefighters are going to honor those three at a city wded memorial. two people in washington have died because of wicked storms there. >> a man died after a tree was knocked onto his car. his daughter was in the back seat. three years old. she was unharmed. a ten-year-old was playing outside a friend's house when a branch fell and hit her. >> we had some reports up to 90 miles per hour. that's hurricane strength even though this wasn't actually a hurricane that moved through. here is a map showing all of the storm reports that we got from yesterday. these were just wind reports. again, impressive numbers. oceanside oregon where we had that 90 miles per hour wind gust. a lot of areas picking up 70 or

80 miles per hour wind gusts. we still expect several areas 40 to 50 miles per hour today. some of the stronger winds will be sliding into parts of montana. washington state is still going to be dealing with that. power outages possible and more tree limbs falling down today. we finally got some much-needed rain. so that fire risk does shift toward the east. but there are some dry thunderstorms that could come out of this. when you get that rain from the coast, it gets dried out and squeezes all the moisture out as it moved over the mountains. we are expecting around seattle, everett and tacoma around two to four inches. and some other areas including portland picking up one to two enc

inches of rain. the remnants of erika in florida bringing rain. those showers begin to shift a little bit farther north and the potential for flooding. those flood watches could be extended farther north. here's what we expect in the next 36 hours. four to six inches in sarasota. a lot of areas including orlando and fort myers picking up two to four inches of rain. we'll have to closely watch the next couple of days. it's always interesting when the poll numbers come out. plus, just hours after the arrest of a man accused of killing a texas sheriff's deputy, hundreds turn out to remember the deputy at the gas

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. after this suspect in the killing of that sheriff's deputy is charged with capital murder. that's among several stories developing right now. let's talk about suspect shannon j. miles taken into custody yesterday. the deputy was shot in the back of the head while he was walking back to his car. authorities say he may have been targeted simply because he was in uniform. also, a fan attending an atlanta braves game has died after falling from an upper deck onto a concrete walkway there. gregory murray was on the top rail yelling at yankees player alex rodriguez. that's when he fell. no one on the lower deck was hurt. new poll numbers out in iowa. let's talk about the gop.

look at this. neurosurgeon ben carson closer to trump. trump at 23%. carson at 18% in second place. let's talk about ben carson. 18%, highest favorability among the republicans, beating trump with two important groups in iowa, conservative christians and women. why is he resonating? >> neither one of these are a surprise. you have to remember that dr. ben carson's rise to fame within the conservative base was at that several years ago, versus donald trump who's made a name for himself as a reality show host from new york. ben carson comes across as more down to earth, more grass roots,

somebody who's had to work from the bottom up to make himself successful in this world. for him to have those types of origins, it makes all the sense in the world that he would go out there with that style, be on the ground in iowa and be successful in a way that mike huckabee was in 2008 and a guy named barack obama was in that same year as well. >> i'm going to play you something that new jersey governor chris christie said yesterday as part of his immigration plan. >> we let people come into this country with visas and the minute they come in, we lose track of them. so here's what i'm going to do as president. i'm going to ask the founder of fedex to come work for the government for three months. >> samantha smith is fred smith's daughter. and she is a spokesperson for

christie's campaign. so maybe a nod to dad. >> i think it's an interesting sound bite. definitely got him on the news. first time we've seen chris christie on the news in a long time. of course it's a ludicrous idea. how does fedex track packages? they use bar codes. are we talking about stamping bar codes on people when they come into the u.s.? that sounds an awful lot like what was happening in germany 60 years ago. we're not going to do that. it resonates with his base, which is exactly what all 17 candidates on the republican side are trying to do, which is cater to a very small part of the republican party, many of whom want much, much, much stricter laws on immigration. so it accomplished his goal. >> liz, you call it a fun sound bite.

lenny, does this help with the population electability that republicans need? the latino community, we've talked about this before. how does this help or hurt? >> it depends on how this comes out. i've said this previously. the optics of it are bad. when people come in with visas, we can understand how long they've been here and considering the war against isis and considering that people from al qaeda are trying to come into twi the west. h >> how does this happen logistically? >> the optics of what he said are bad. the premise of saying in our visa system, if somebody comes

in on a two-year visa we know the length of the time they're here. once it gets to the end of that period of time when it's tierm time to renew the visa that we have a similrelationship so we keep safe and help them accomplish their goals. >> donald trump performs best with first time caucus goers. does he have an operation on the ground to train these people who have never been through this process? because it's much more involving than waiting in line, going into a booth and pressing a button. >> we've seen people come from nowhere. mike huckabee was not necessarily on the national radar in 2008 but he won in

iowa. he was a guy with a great speech that ended up winning iowa. this is the point in time when you see people dtrying to build that out. if he's successful in continuing to get the crowd he's getsing he could do some damage when it comes time for january. >> there seems to be more i don't want to call it passion but republicans who were polled here seem to be unsatisfied or as they called it mad as hell to a greater degree than the democrats. are you concerned that that enthusiasm will cause a problem for the eventual democratic nominee? >> i'm really not. it is august of 2015. we have way over a year to go before november 8th, 2016. a lot can happen. what i am finding interesting about both party's nomination

processes at the moment is the amount of energy for something new, for change, particularly on the republican side. the fact that the two leading contenders for republicans have never held office before is fascinating. because of the 17 official candidates 15 of them have long records of accomplishment both for the country and for the state. and yet no one cares. and yet somehow there is this repudiation of, oh, you've been elected before. i'm not interested in talking to you. that is fascinating and that is going to be interesting to watch play out. >> we've seen some three term governors and sitting senators in low single digits. these stories are something to see. look at this. migrants escaping war torn syria getting stuck now in parts of europe. we're going to take you live to

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. new this morning, the u.s. the will be opening its doors to between 5,000 to 8,000 syrian refugees next year. that, however, is just a fraction of four million syrians that have been become homeless. thousands are streaming illegally into europe and undertaking this dangerous journey to get away from the conflict in their own country. >> european nations are struggling to deal with this crisis. arwa damon is at the budapest railway station here where

syrian refugees are waiting for help. how many people by your estimate are there waiting? >> reporter: right here, right now they fluctuate between a few hundred to upwards of a thousand. this is just one of the areas they're waiting in. those who are here, they can't take it anymore. we've seen a number of women with small children just completely having nervous break downs in utter tears because they're running out of money. there's no water here and they simply can't take it anymore. each person here has a story of misery. most refugees from the wars ravaging syria and iraq left to languish in the heart of europe. this is budapest train station turned refugee way station. some try to wash off the filth and grime as best they can to restore a bit of their dignity after a journey here that has

stripped them of it. they exist in limbo, waiting away the hours, hoping their road ahead to western europe will open. this 19-year-old asks that we not disclose her identity. she doesn't want her parents to see her like this. she has a nursing degree, two small children. but iraq is not a country she can call home anymore. her husband worked at the family's hair salon. but tragedy struck way too often. what made that i mean deciem de couldn't go back to iraq was another attack on the hair salon. his younger brother was wounded. they bought the tickets but were told, no, not without a visa the cars with drivers that can get them through priced at $500 plus per person. the scams leave them vulnerable

to criminal gangs. and all have heard of the fate of the 71 who perished in the cooler truck on the highway. she also doesn't want to appear on camera. wiping away tearing as she tells us of her four and six-year-old in damascus. she, 27 and with a law degree is hoping her family can join her without having to go through this. people are saying the syrians smell. the way we're being treated without a place to shower turned us into this, she says. at the camp near the border she says treatment was inhumane. they throw the water at us and you have to scramble for it like an animal. she escaped under the barbed wire. when you want to buying this,

the response is this. germany, however, says it will take hundreds of thousands of asylum seekers. so no one can comprehend why hungary won't let them go. as of now, christie, that much-needed assistance and respite from this misery has yet to come. >> so i have to ask you hung ri doesn't want them, germany does. is there any indication these countries are having any sort of conversation to make that happen? >> reporter: well, there was that big meeting in vienna of all european union partners to try to resolve this ongoing crisis. but nothing really concrete has come out of it. a number of activists we've talked to here have been saying the german and hungarian

governments need to make that happen. there are criminal gangs that are do not have the children's best interest at hearts to try and make their way into western germany. they are running out of money. they can't keep going like this. also, over the last few smuggle of transportation. 71 people suffocated inside that truck on the highway. if they keep staying here like this, they believe they're going to end up dead anyway. people need to be told what's going on and there has to be a solution for their sake and for the sake of the other individuals who are streaming

across in record numbers, numbers which europe has not seen since world war ii. new legislation sponsors by a lawmaker in north dakota is not being used as he'd planned or expected. not only can police now use drones to seek evidence in criminal cases. they can arm them with nonlethal weapons, tasers trapped to drones, drones shooting rubber bullets. that's next. clinically proven isn't easy, so at gnc, why do we do it? why do we include key ingredients found in fruits and vegetables to create the world's best multivitamin programs? why do we do over 150 quality checks before putting them on the shelf? well, here's why... ♪ celebrating 80 years of quality life and quality products. for a limited time buy one vitapak and get one half off. the worlds best multivitamin program, only at gnc.

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all right this just in to cnn. before the break we heard from arwa about the tragedy of 71 migrants who were found in a truck who were all dead at the time. hungarian police have now arrested a fifth man over the deaths of those migrants. 71 migrants, again, found an abandoned truck in austria last week. the suspect is a bulgarian national. was taken into custody late last evening in budapest. again, a fifth man now taken into custody in connection with those deaths. all right. believe it or not there's a new law that is now allowing police to arm drones to fly over north dakota, specifically, the bill allows officers to mount tasers, pepper spray, sound cannons, anything considered, quote, less than lethal. this is an amendment of an original bill which barred weaponized drones. a member of the north dakota peace officer's association was

authorized by the state house committee to amend it. the original author not happy, telling the daily beast this is one i'm not in full agreement with. in my opinion, there should be a nice red line, drones should not be weaponized, period. the man behind that original bill, representative rick besser with us now. thank you so much for being with us. i was reading that grand forks county sheriff bob ross says he opposed your version of the bill because it required a warrant. he argues that he needs to use the drones for surveillance to obtain that warrant. do you accept or recognize that need? >> no, i don't, actually, at all. north dakota is on the forefront of drone technology education, research, and with this bill, this law now, my intent was that we'd also be on the forefront with protecting civil liberties. the idea that the technology can do so much more than an officer on the ground could makes a new

gray area and we have to close that gray area down, make it very, very clear that we need to respect the fourth amendment. >> there are a lot of concerns about drones anyway. when you talk about drones actually being able to taser somebody, or shoot rubber bullets, there i think are two concerns primarily that come up with the public. one is, drone snooping. and two is the accuracy of using a weaponized drone. do you know if this sheriff's department is going to have any sort of operational training in terms of trying to use one -- utilize one of those drones and do you know if the two drones they have are weaponized yet? >> i believe that they're not weaponized yet. and i don't know if there's anything in the plans for the training. but one clarification that should be made, and it's probably very important for your viewers, is that north dakota isn't one of the first states, isn't the first state to legalize weaponization. this bill had intended to prohibit weapons, both lethal and nonlethal.

the prohibition on nonlethal was removed. so, it didn't legalize it because it was technically already legal because there was nothing in the statute. and presumably, the other states in the nation also have nothing on statute, and therefore the weaponization of drones would be legal in other states. our attempt was to be the first state to make it completely illegal. >> illegal, right. we know the faa has a ban on weaponized drones but only on civilian operations. police departments fall under governmental operations. have you had any conversations with anyone from the faa about this? >> no. no conversations with the faa representatives. i've had conversations with people from university of north dakota, aerospace sciences, and some sheriff's departments, but i think everything's been a healthy discussion so far. there are no immediate plans for weaponization, and i plan to, and hopefully will be, successful in introducing and passing a bill that would prohibit the nonlethal weapons,

too, in the next session that we have. >> the next session is in two years. a lot can happen in two years. >> that's true. >> all right. well we appreciate you so much, representative rick becker, thank you for being with us. all right at the top of the hour, investigators make an arrest in the execution-style killing of a texas sheriff's deputy. why investigators maintain the shooting was unprovoked.

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edging toward the 8:00 hour on a sunday morning. so glad to be with you for it. i'm christi paul. >> good morning i'm victor blackwell. first up investigators in texas are trying to determine why a man shot and killed a sheriff's deputy as that deputy was filling up his patrol car at a gas station. here's a picture of the suspect. police are calling this an execution-style killing. this man's name is shannon j. miles. he's in custody charged with capital murder in the death of deputy darren goforth. people there say the man stood over goforth and just kept firing as he's there on the ground dying.

the 47-year-old deputy leaves behind a wife, two children, 5 and 12 years old. hundreds of people attended this vigil last night at the gas station where goforth was killed. another deputy, watch this, just listen to the emotion here. >> we really are out here to do good. and i know the guys that i work with, these deputies out here, when there's bad guys out there, we're out there to catch them, and we're out there to protect the citizens. we love you guys, we really do. >> hmm. nick valencia is following this story. and, you just feel for not just that deputy, but the community. we heard that the entire community was embracing this department after the disaster. >> you hear the trembling, the emotion for this police department, the harris county sheriff's office. they've still yet to figure out exactly what this motive was. we understand during the questioning of shannon j. miles, this 30-year-old ced