fall fever in high swing. [shouting] we love the pumpkin drop. what is better than a giant pumpkin drop in minnesota. all the screaming. bill: pies they can make with that. have a great day everybody. happy halloween. how many days away? martha: a little while to go. bill: midterms three weeks away. halloween about two weeks. 31. have you got your costume organized yet? you're me. martha: bye. we'll talk about later. >> ebola death toll rises to nearly 4500 as we watch americans fight for their lives and hear a frightening new warning from the world health organization about the scope of that deadly disease. welcome to the tuesday edition of "happening now." i'm

jon scott. >> i'm heather nauert in for jenna lee. welcome back. nina fam, a 26-year-old nurse in dallas said to be in stable condition at the hospital after being contaminated with ebola while caring for patient thomas duncan who flew here from liberia and died last week. we have more positive news coming out from the nbc cameraman, ashoka mukpo. he caught the disease in west africa. he wrote on twitter saying, he is on the road to good health. >> that is good news. the world health organization said there could be 10,000 new cases every week as the death toll in the ebola outbreak rises to 70%. casey stiegel at health presbyterian hospital where the nurse is being treated. casey. >> reporter: jon, good to see you. we're now learning a total of

70, seven, zero, staff members had some form of contact with thomas duncan while an inpatient being treated here at texas health presbyterian hospital in dallas. we're talking about health care workers. those who had close contact with him. initially cdc officials had told these folks to self-monitor for symptoms. they were not being checked on a daily basis. at this point they are. no one thankfully is showing symptoms. here what we know about the young nurse who became infected. 26-year-old nina pha in graduated from nursing school in 2010. critical care was her specialty. members of her church describe the nurse as a passionate caregiver and she is staying strong. >> nina says her mom, she is fine. she is doing well. and she feels comfortable.

and she know everyone support her and nurses and doctors, everyone love her and take care of her. >> reporter: pham received plasma products from dr. kent brandtly, remember him? the american doctor that became infected with bowl on a medical mission to liberia. dr. brantley donated blood to help this nurse. brantley was successfully treated for ebola in emery hospital in atlanta and is now healthy. the reason this could be critical because his body successfully kicked the disease. it is full of ebola fighting antibodies, according to doctors, something that could help the nurse get back on the road to recovery. you mentioned that nbc freelance journalist, he too received blood transfusions from dr. brantley and apparently said to be doing better. we hope the same for this nurse, john. eric: let's hope all of that has positive effect.

casey stiegel, thank you. >> doctors say that he died despite their intensive medical treatments. the infection of that 56-year-old man at a contact with others leading the u.n. peacekeeping mission to put several dozen medical staffers under medical observation. we'll keep you posted on that story. jon: president obama and the joint chiefs chairman, general martin dempsey will meet with defense chiefs from 20 coalition nations today essentially what will be a progress report on the war against isis as isis tariffs fight on multiple fronts in iraq and syria, capturing a key iraqi military training camp, holding roughly half the syrian town of kobani. and this. brand new video of coalition fighter jets over the skies in kobani. airstrikes have been ramping up in recent days. the u.s.-led coalition carrying out 450 strikes in iraq and syria so far.

greg palkot is live along the turkish-syrian border. greg? >> reporter: john, we witnessed the heaviest barrage today of us air strikes bense the isis positions in syrian town ever kobani with at least one important result. take a look with we saw today. we have just witnessed another u.s. coalition airstrike on western side of kobani. we are told there have been multiple strikes in the last several hours and they might be having an effect. that isis black flag of terror we've been show you on the top of hill on eastern side of town, it is gone. sources tell us it was taken out by a coalition airstrike. however isis is hanging in there. in the center of town even southwest of the city we have spotted barely visible another black isis flag. the clouds were so low today we actual saw planes come over. heard bombs sailing in and witnessed massive blasts. we watched fireballs, the

closest blasts were a mile away from us. we actually felt the concussion from the blasts. the towers of smoke drifted over our position. the attacks hit north, south, east, west and center of the city, with apparent precision. exactly where we had seen isis tariffs operating. after each strike we heard a big, big street fight. perhaps a sign as we've been hearing of u.s. coordination with the kurdish militia on the ground. we also saw turkish tanks and armor around our position on that side of the border, moving a bit more but not moving into kobani. as for terrorists they have didn't seem to be moving either. they're hungering down. their movements were definitely restricted, until at least the airstrikes. finally, jon, at least on this front, again, after days and days of u.s. action, the u.s. coalition seems to be taking it too the terrorists. next few days will tell if they waited too long or if they got here just in time.

back to you. jon: we will have more on that ahead in this hour. greg palkot reporting live from the turkish-syria border. greg, thank you. we're learning of six new terror-related arrests in great britain. they were picked up in an anti-terror sweep as they prepared to head overseas we're told. according to police the suspects were gearing up to go to syria. this follows three other terror arrests yesterday in london. >> fox extreme weather alert. here at home fast-moving storms are already blamed for at least two deaths in the south. high wind, toppling a tree on to a mobile home in alabama, killing a woman inside that mobile home. her neighbor says the victim's who was also hurt came running out of the house screaming. >> he started screaming. help, help, help. and everybody started running from over there and over there and across the railroad tracks. he came out of the trailer. the top of his head was split open and the side of his face.

and he said, she's trapped, she's trapped. heather: meteorologist maria molina live in the fox extreme weather center. that is so tragic. is the worst over? >> storm system is on the move. very difficult what we had to deal with across areas anywhere from the gulf coast to the midwest. there were 200 reports of severe weather out there and several reported tornadoes across florida, tennessee, illinois. that risk for severe weather is in place for parts of florida up into parts of state of virginia and also in west virginia. we have two tornado watches in effect. one across florida and georgia in enext until noon. that one in florida and georgia is in effect until 2:00 p.m. eastern time. we'll an monitor the threat for the storms to produce tornadoes across portions of the southeast. i want to shift gears to take you into tic. we have category 2 hurricane, gone so low.

-- gonzalo. it is forecast to stay east of the east coast of the u.s. that is welcome news t will strengthly into possibly a category four hurricane tomorrow. impacts expected in bermuda and potential landfall saturday night into sunday. that is it. >> maria, thank you. >> thanks. jon: three weeks from today, american voters will cast their ballots in the midterm elections and if polls are any indication appears more likely republicans will gain control of the senate, according to "the new york times" and other publications. it's a complicated chess game and analysts say, keep your eye on three states, kentucky, south dakota, and north carolina. let's get it into with ellison barber, staff writer with the "washington free beacon." what is it about those three states that makes them so pivotal this particular time? >> kind of the conventional wisdom postprimaries that republicans would keep the 45

seats they're defending and go on to pick up three seats in states where they have retiring democratic senators, in montana, west virginia, south dakota and only need to get three more seats from red states where democrats are having to defend themselves in and where president obama did not win last time around. jon: that is not all proving to be the case. >> it's not. particularly the most interesting one is kansas. that is a race a lot of people did think would be solidly republican. kansas is typically reliable republican state. they haven't elect ad democrat to the senate since something like 1932. there is independent challenger posing a real threat to pat roberts. that is a state that republicans didn't necessarily think they were going to have to worry about trying to get to that 51 majority. now they are having to worry about it. i think in recent weeks the poll something turning a little more in favor of roberts. he was recently endorsed by tea party express. but that certainly one state where they have a bit of challenges. they do need to have a net gain

of six seats. if they were to lose kansas and need to offset somewhere else. then you get into some states where the president did win last time around. they will be harder places for them to turn, closer races like places in iowa and colorado they would need to switch if they offset iowa. republicans are still well-positioned to take the senate but they have a lot of things that have popped up, or a couple popped up lately that make it, difficult to even look at that to say it's a sure thing they're going to take the senate majority. jon: yeah, what about north carolina any remember back a few months ago everybody thought that kay hagan a first-term democratic senator would be easy pickings. it is not necessarily looking that way. >> right. she came in on a wave election, what a lot of people would say riding coattails of president obama's popularity. in the last month, almost two months now you have seen her consistently come out ahead in the polls. that is place where republicans did initially think that was going to be one of those easy red state democrats to flip and turns out not the case.

most people will tell you that kay hag began would probably hold on that. wasn't necessarily expected. that is why it many abouts even more important if republicans do want to take control of the senate, keep places like kansas and pick up other places like alaska and arkansas and louisiana. not having somewhere like north carolina which started out being easy grab makes that route more difficult for them. jon: what about kentucky? democrats were pinning their hopes on alison lundergan grimes, has a famous well-known, political name in kentucky and they were hopeful that she could knock off the minority leader in the senate, mitch mcconnell. they just had their first tv debate. how is it all shaping up. >> the difficult thing for any democratic candidate in kentucky that president obama has abysmal approval ratings. he only won 4 counties out of12. mitt romney picked up6. his approval is in the low 30s. anytime you have a democrat it will be hard to combat that and separate yourself from the leader of your party.

jon: is that why she refuses to say whether she voted for him? that question came up again in the debate? >> i think it is. that ends up not being effective or good route to take. either looks like you don't want to say what you voted for when everybody knows who you probably did vote for or weak willed to defend the position you had previously taken. it isn't a big deal for a democratic candidate to say, yes, i voted with president obama but i don't agree with all the different things he has done. she hasn't done that. i think refusing to answer it, stylelist i cannily mcconnell and grimes did rather well. the only thing anyone will remember or talk about from the debate, the fact she doubled down refusing to say whether or not she voted for president obama and that is something seems like such a simple answer to people that it can easily haunt you and be politically damaging for rest of the campaign and we are really getting down to the wire. jon: she says she is protecting sanctity of the private ballot. we'll see. ellison barber from the "washington free beacon."

thank you. >> you bet. heather: a double-decker bus flips over on major u.s. interstate. we're learning what forced the crowded tour bus to swerve right before the accident. guards taken hostage after a prison riot. this is still underway. the guards stripped on uniform and put on the facility's roof. you can see the guardses right there. how will it end? sentencing underway for "blade runner" murder trial. lawyers for oscar pistorius pushing for leniency. why he thinks judge should not send the star athlete to prison. >> the circumstances from prison the accused will have to provide under very difficult circumstances, far more difficult for a person without disabilities. so ally bank really has no hidden fees on savings accounts? that's right. it's just that i'm worried about you know "hidden things..." ok, why's that? no hidden fees, from the bank where no branches equals great rates.

jon: right know stories making news around the world. a double-decker bus crashing on

a major highway in indiana. the bus driver apparently swerved to avoid a minor accident during this crash. they say rain might be a reason. uprising began monday when prisoners attacked guards during work detail. no word on any injuries. food for thoughts as mcdonald's tells all, sharing ingeed end in nuggets and burgers in a webisode, our food, your questions. mickey d's appealing to millenials addressing their concerns about food. heather: do you really want to know? maybe not. jon: used to be secret sauce with the mac. heather: maybe you don't want to know what is in the mcrib. jon: maybe not. heather: we're getting information on the so-called "blade runner" murder trial accusing the defense of portraying oscar pistorius as a poor victim as his lawyers try to keep him out of prison.

one witness for the defense using his disability as a reason he should be spared time behind bars for the conviction of the shooting death of his girlfriend reeva steinkamp. paul tilsley is live in the courtroom in johannesburg. paul, can you bring us up-to-date? what are we expecting next? >> reporter: main thing, oscar pistorius was accused by the mother of reeva steinkamp, the girl the athlete shot and killed offering what she called blood money, just third four thousand to her in compensation for her daughter's death. according to prosecutor harry nel, who said pistorius offered money to reeva's money june, who turned it down. the steenkamp family have received 550 u.s. dollars in local currency from pistorius every month. nel said they sworn to return every cent. this came up in cross-examination of the defense witness who took the stand as probation officer and was the second person for the defense this week to recommend that pistorius should not go to jail,

but instead do some community service. the probation officer said conditions in prison in south africa were very violent. however, when nel took the stand he ripped into the witness and got her to admit she is not the probation officer for pistorius but just a consultant paid for by the defense. what some are calling here a hired gun. nel found out she only met pistorius four times. -- one prison in the past 10 years, heather. heather: paul tilsley, excuse me, from johannesburg. paul, thank you so much. interesting information coming out of that, that the family is getting payments. as a result he may could not end up spending time behind bars. jon: they say they're going to give all the money back. what a story. north korea's so-called, dear leader finally emerges after a mysterious absence. kim jong-un supporting a new accessory in photos sent by the government there.

death toll from ebola rises along with the death rate. how did a texas nurse contract the disease despite all the precautions she was taking? we'll hear from one of the nation's foremost experts on infectious disease.

he. jon: mysterious and reclusive leader of north korea finally spotted in public after absence about a month. kim john awning seen on stayed media -- kim jong-un is using a cain and he is hasn't been seen since september and fueling rumors of a his health and possible coup there. heather: they are saying this strain of ebola has a death rate of 70%. the death rate is expected to

top 9,000 victims. as officials work to figure out how ebola spread to a nurse in dallas. we have a doctor a member about public health committee for the infectious disease society of america. thank you for coming in. we've seen from president cdc that 70 staff members at hospital in texas had interaction with thomas duncan who died from that. how concerned are you about additional people coming down with ebola? >> we have a lot of concern about the staff members until we figure out what the exposure was that led to the nurse's infection. we know they were providing equipment guidance but still she got infected. >> the cdc said they weren't following protocol. >> they were trying to follow the protocol yet an infection happened. we have to see where the breakdown occurred, what we're calling the protocol breach. did it happen when they were talking off equipment? was it when they were putting it on? was education not enough for the staff? those are questions that need ton answered before we figure out what happened in texas.

heather: how good after job is the cdc doing informing hospitals exactly what they need to do to be on lookout for this. >> cdc is putting out information for months. giving health alerts to doctors, hospitals, with conference calls. it is often different. some hospital the may be key keeping up on it, some may not be. there is availability how well hospitals prepared for this. heather: cdc ideally would like to set up one hospital throughout the united states in each state to deal with ebola. how concerned are they that we could see wider outbreak? >> regarding wider outbreak. ebola is spread through blood and fluids. it is not scary disease. heather: the nurse got it despite working with all the protective equipment. >> ebola family members and health care workers are highest degree of ebola where we look outbreaks will spill into. the general public still is not going to be exposed to ebola because it is not really

contagious in the manner of flu or tuberculosis, for example. not spread in the air. not spread by deem that don'tom. heather: let me ask about this. the attorney general from the state of louisiana, their, louisiana is set to get some of the medical waste that came from thomas duncan. they have now put out this legal order saying, we don't want it. don't send it here. how dangerous is this. >> the medical waste being shipped to louisiana is incinerated. ebola is not a super virus that can survive out after body like anthrax spore can survive for decade. this waste isn't a risk for anybody. you're seeing a lot of panic which is understandable because people are scared. we've been dealing with ebola since 1976. we know how to treat it. those same measures will work once they're implemented. heather: let me ask you about a vaccine. canada testing a vaccine on 20 volunteers at walter reed here in the united states. we understand they will not be tested by members of the military? why are they tested here? this is canadian vaccine sent to the united states?

>> this is vaccine has been around quite a while. it has promising data. collaboration with american government and canadian governments. nih is leader to try to bring vaccines to market. we think this vaccine will probably show good data in humans and change the face of ebola outbreaks in the future. heather: if it works they say it could potentially be ready to go in couple months. we mentioned it is being tested on volunteers as we understand it. apparently not military members. we're working to get further confirmation from the pentagon. thank you so much. thanks for coming in. jon? jon: isis terrorists gain more ground, conducting more suicide bombings in iraq. coming up, a middle east analyst says unless the u.s. steps up to stop the tariffs, the iraqi government may turn to iran for more help. back and forth they went. minority leader mitch mcconnell scaring off against his

challenger alison lundergan grimes in the voter debate. how are they reacting in this key senate race. >> i don't fault senator mcconnell for many abouting a multimillionaire on the backing of hard-working kentuckians. that is what america is b he has gotten rich consistently voting to keep kentucky poor. >> her family made more money off the government in the last 10 years than etf been in paid in salary during all my time in the senate. óqoqúúñ@

jon: still to come in this hour of "happening now." a live look at the big board as stocks come off of another bilge selloff with the -- big selloff with the dow plunging 200 points. will this rebound last? the season is canceled but that may be the least of problems for several high school football players accused of a brutal hazing incident. the decision prosecutors are making that could affect their lives. our legal panel weighs in. an emergency landing when passengers say the walls began caving in. we're live with that report. heather: the midterm elections three weeks away. it is down to the wire in close senate races which includes the state of kentucky. where minority leader mitch mcconnell squaring off with his democratic challenger, alison lundergan grimes in their one one and only debate. it got pretty testy at times. chief political correspondent

carl cameron in lexington, kentucky. hi, carl. >> reporter: heather, vulnerable candidates have been trying to disdistance themselves from the president obama and his agenda but leader of the pack is alison lundergan grimes. more than a week pounded by kentucky press for refusing to say whether she voted for president obama in the 08 and' 12 elections. that dominated last night's debate and dominating discurse in this campaign. listen to the exchange. >> that is matter of principle. our constitution grants here in kentucky, the constitutional right for privacy at the ballot box for a secret ballot. you have that right. senator mcconnell has that right. every kentuckian has that right. as secretary of state, chief election official i'm tasked with overseeing to make sure we're enforcing all of our election laws. i worked very closely, especially with the members of our military to insure the privacy at the ballot box. >> first, let me say my opponent spent most of her time trying to

deceive everybody about her own views. there is also no sacred right to not announce how we vote. i voted for mitt romney, proudly. i voted for john mccain. and by the way, in 2012, 116 out of 120 kentucky counties agreed with my judgment we might be in better shape now had mitt romney been elected. >> reporter: mcconnell went on to point out in both 2008 and 2012, ms. grimes was conventional delegate for president obama at the democratic national conventions. and it is worth noting that for all of her refusal to say whether or not she voted for president obama, ms. grimes has acknowledged to reporters, soon to be published and possibly even turning up in campaign ads, in 2008 in the primary here in kentucky, she did vote for hillary clinton, not barack obama. so she is okay saying that, not that she voted for president obama. she says she is clinton democrat, not an obama democrat

which mcconnell responded, there is not a dime's difference between the two. heather: so interesting. carl cameron, thank you so much. fun to hear how voters respond to. that carl, thanks. >> reporter: you bet. >> well, today, president obama and joint chiefs chairman, general martin dempsey, will meet with the defense chiefs from more than 20 coalition countries for a progress report on the war against isis. it comes as the syrian town of kobani and key parts of iraq come under increasing threat from isis forces. our next guest says if isis continues making gains in iraq, it could push baghdad into forging even closer ties with iran. writing in part, quote, but today, using president obama's strategic hesitation, and the iraqi government's ineptitude, the islamic state has the black flag flying from kobani syria, down the euphrates to just outside of baghdad. denied, assistance, iraq's key strategic province of anbar may soon fall. if that happens, iraq's prime

minister will probably make a deal with the middle east's other sectarian mafia, iran. tom rogan, columnist at "national review," the man who wrote those words, also at "the daily telegraph." tom, thank you very much for being with us. so what would that kind of iraq kirks iranian alliance mean when it comes to fighting isis and overall, stability of the middle east? >> great to be with you. what it would mean is essentially very bad news for the united states because as much as we've heard some in the media saying that iran can be relied upon as a partner against the islamic state, the ideology of iran, the political ideology is rooted in the guardianship of the khomeniism. original supreme leader of irand that is basic terms, shia authoritarianism. emphasized in kind of terrorism we see regularly aside from what is going on in iraq in beirut.

it emphasized in groups iran sported and continues to support. one group aah. this is like to use power drills on sunni civilians during the years of the u.s. presence in iraq but it is now regrouping and acting in concert with iranian special forces. an alliance between iraq and iran would have reinforcement of shia political sectarianism, disenfranchisement of sunni civilians and escalation of this conflict throughout the region some it would be just about the worst possible scenario that you could have. jon: you said in that same article you described president obama as having a patently defective strategy and suggested that the u.s. military is frustrated with that strategy. elaborate on that for us. >> yeah, absolutely. you've seen, it is very difficult for the u.s. military because of their necessary professionalism to come out and openly criticize the president.

of course they couldn't do that but in terms of comments you've seen especially from the chairman of the joint chiefs of staff, chairman dempsey, ultimately talking about need to have ground forces in some way, in terms of talking about the limitations of a the present strategy, you see that clear disagreement and it is a simple fact. if you look what is happening on the ground, the islamic state's momentum in anbar, in northern iraq, in northern syria, around kobani, that euphrates corridor i reference in my piece, their approach towards baghdad international airport that this situation is intolerable. the u.s. army knows unless you have special forces on the ground embedded with iraqi special forces units, providing air attract controlling options, you don't have the presence on the ground, physicallability to get on-site intelligence and degrade the islamic state. one further thing the problem here the islamic state is continuing their atrocities. as much as we've seen reports that kobani hasn't fallen, a while ago today i saw photograph

of kobani about a 26-year-old man, slick backed jelled hair, could have been werner. he was syrian he had his head cut off and there was islamic state fighter waving his head around. these people will not be brought into a political alignment. so you have to destroy them. and you have to persuade moderate sunnis to come on to your side. again, this idea that the islamic state somehow owns sunnies is patently absurd because just this weekend in fallujah, they hung, the islamic state hung two iraqi policeman over, overpasses. that is signal to the sunni population of fallujah, don't stand against us. at the moment america is not standing with civilians and mobilizing tribe as the marine corps dade in 2006 and eight, we have a big problem there. jon: what a mess. tom, good to have you on. >> thank you, jon. heather: there are white-knuckle times in the skies right now. passengers on an

american airlines flight watching in horror, look at this, imagine, the wall starts to come apart, the cabin wall. what happened with that plane? we'll go live with the story. high school football players accused in a brutal hazing incident. the charges, why seventeen agers could be tried as adults. plus how the school district is reacting of the. >> we take zero tolerance approach to any form of harrassment, intimidation or bullying. >> there is a lot of people on the team love football personally. that's all they really do. now they're sitting home, not really doing much with their lives a party? hi. i'm new ensure active clear protein drink. clear huh? my nutritional standards are high. i'm not juice or fancy water. i've got 8 grams of protein. twist my lid! that's three times more than me. 17 vitamins and minerals. and zero fat! hmmmm. you bring a lot to the party! yay! new ensure active clear protein.

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endorsed by aarp. don't wait. call now. jon: in just about 15 minutes, somebody is going to be "outnumbered." let's check in with sandra and harris for what is coming up. >> hey, jon. we learn new details about the texas nurse infected with ebola and increasing number of people who may have been exposed to deadly virus, calls are growing for president obama to hand over

the government response to an ebola czar. >> plus a state law maker is unleashing a shocking rant about a congresswoman's looks, raising all sorts of questions how women in politics are really viewed. >> a major sporting goods store apologizing for what it didn't have in its catalog. that plus r #oneluckyguy who i understand is quite the debater. coming up at the top of the hour on "outnumbered," jon. jon: will need all the debate skills with you four i have a feeling. >> right. >> see you both. heather: after the worst three days since 2011, the markets are now bouncing back in early trading. the dow is now up 137 points right now. joining from us our sister network, the fox business network, cheryl casone. you heard a lot from the banks. they're weighing in on cybersecurity with some of them have been hit. >> that is one of the reasons we're seeing markets perform a little better. we hear from three big names, jpmorgan, citigroup and

wells fargo. jpmorgan in particular, a lot of question marks how they will handle issue of cybersecurity. 76 million of their customers were breached, email addresses, addresses, account numbers, all those things. that is bad for a bank, bad for business. they said they believe the government needs to step in more to be a more of a partner with the banks so the private sector and government can work together to fight cybersecurity. what that tells me, banks are saying we're not prepared enough. we need the government to step in and help us. i think that is a little frightening. also a company like wells fargo. they're one bank out of three i mentioned doing well this year. they're in the mortgage business. housing, simple business. while other banks are focused on trading and raising capital and ipos, wells fargo is you know what? i like the mortgage business. i will stick with that. what kind of story does that tell you where wall street is. you mentioned numbers as well. this is the 17th day with a 100 point swing. you have ebola. you have isis. all of these global concerns.

of course that weighs on the minds when putting your money down and you're hoping it is going to rise. many of these days, as you know, heather, we watched it fall. it is tough to watch a lot of days. today not that day. heather: so interconnected between the government and private sector these days. cheryl casone, from the fox business network. >> you bet. heather: don't miss cheryl on the fox business network. find knit your area. log on to foxbusiness.com/channel finder. jon: seven new jersey high school football players in court facing chargings of horrific crimes. will they be tried as adults in a case where prosecutors say is brutal hazing? ♪searching with devotion ♪for a snack that isn't lame ♪but this... ♪takes my breath away so i can reach ally bank 24/7, but there are24/7branches? it's just i'm a little reluctant to try new things.

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can travel more than a mile. that single ember can ignite and destroy your home or even your community you can't control where that ember will land only what happens when it does get fire adapted now at fireadapted.org thank you. ordering chinese food is a very predictable experience. i order b14. i get b14. no surprises. buying business internet, on the other hand, can be a roller coaster white knuckle thrill ride. you're promised one speed. but do you consistently get it? you do with comcast business. and often even more. it's reliable. just like kung pao fish. thank you, ping. reliably fast internet starts at $89.95 a month. comcast business. built for business. heather: court action. a high school football scandal

rocking a new jersey team. they are facing sex crime charges, stemming from a hazing investigation. some could be charged as adults of the high school canceling the football season. the entire program could be in jeopardy all together. joining me doug burns, former federal prosecutor and lis wiehl, fox legal analyst. the people believed to have done this are ages 15 and 17. do you believe, doug, they will be tried as adults or juveniles? >> that is the moist critical question. the prosecutor has the ability to ask a judge for waiver, meaning in simple english they can be tried as adults. a lot the critics say the prosecutor has too much power. there is important segue it can be used as plea bargain tool. heather: let's get back to that in a second. >> seven kid, right. we're not talking about hazing. heather: they call it hazing but this is so much -- >> this is beyond bullying. >> let me read some of the charges. aggravated sexual assault. aggravated sexual conduct.

conspiracy to commit aggravated sexual conduct. criminal restraint. meaning, holding people down. >> kidnapping. aggravated sexual assault translation, rape of freshman kids. do i think they could be tried as adults? absolutely. i would bring the attorneys in i will try you as an adult if a, you don't tell me everything you know about the other kids and find out culpability. who was in charge? who ran this? was there a ring leader to all this. use that as leverage and tool. >> very important to differentiate different levels of culpability is critical. you want to bring in those at bottom i call it, maybe standing around. >> laughing, whatever. >> bring them in. use them as witnesses to figure out what really happened. go after the main perpetrators. heather: a lot of people look at this, see those in the locker room and didn't do anything to stop this would have culpability. >> no question about it. they call that aiding, abetting, assisting in commission after

crime. >> do you believe that those seven were involved and adults around and coaches didn't know about it, hadn't heard about it? i really find that difficult to belief. heather: i would agree. do you as a coach have any legal responsibility here? >> hard to say. you look back at penn state debacle, terrible. >> yeah. >> similar analogies. again we always say look, we have to sort this out, okay. on one hand, yes, they should be punished and punished hard but on the other hand we want to figure out exactly what level of culpability everybody has. >> if we're talking about rape and 17-year-old rape after freshman that to me should be tried as adult. heather: this is horrific details. they are horrific because we can't bring on television because they're too descriptive to bring on television. >> terrible. heather: there are a lot of parents saying, they shouldn't have canceled football team. >> that is another whole discussion. heather: an ethical discussion as well. we'll bring you back another time.

doug burns, lose wheel, what do you have now? -- lis wiehl. >> a flight to san francisco to dallas had to make an emergency landing because passengers heard loud cracking and popping sound just after takeoff. take a look. david lee miller has details of what happened there. david? >> reporter: jon, there were no injuries but passengers sure had a white-knuckle ride for almost an hour when that aircraft literally began to fall apart in mid midair. shortly after takeoff, passengers heard strange noises. people sitting in the middle section of the plane noticed interior walls of the aircraft came loose. one passenger who recorded the scene on his camera phone took to his facebook page and wrote, quote. pray for us. later, safely on the ground he talked about the ordeal. >> it was tear firing. we didn't know what was going on. shouting for the flight crew. come look. the walls are caving in. you know.

they finally no, sit down. we're still climbing. no, come back and look at this now. they came back, oh, my god. they started calling up to the flight deck to tell them what was going on. but we flew for 45 minutes, almost an hour. we ended in nevada before turning around and coming back. >> flight attendants told passengers with the problems with walls sheering off was cosmetic. aviation experts agree, those panels are not part of the plane's support structure. according to american airlines the problem was caused by a blown air duck. the company says cabin at no time lost pressure. the oxygen masks were not deployed. nevertheless very, very scary. >> yeah, plenty of scares to go around. strange story. david lee miller. thank you. heather: here's a look what is ahead on the second hour of "happening now.." >> we're concerned with our bus driver. can an officer follow her behind her for a while. >> what happened? >> the, i am honestly shaking at

this point. heather: a school bus packed full of children, weaving across the highway. police say the woman behind the wheel was under the influence. plus how the blood of an ebola survivor might save life of another patient, the life of a nurse just trying to do her jobr to help. people. [ susan ] my promotion allowed me to start investing for my retirement. transamerica made it easy. [ female announcer ] everyone has a moment when tomorrow becomes real. transamerica. transform tomorrow.

>> as you know, john has been away for a couple of weeks. he's back from killamajaro. did you have a good time? >> they said it was an adventure of a lifetime it was. it's on the safari that i tacked on to the front end of the trip. >> are those monkeys behind you? >> baboons. we were waiting for the entry paperwork to be processed. this is actually not the top but it's on the way to the top. it's one of the three summit points. it was still dark at that point. we got up to hike at 11:00 p.m. and started hiking at midnight so we were up at the top before it actually -- before the sun

rose. >> how long did it take? >> the hike itse was five days going up and another day and a half to come down. >> did you it for charity. >> for some water projects. i'll show you some video, moving pictures. we can do that on television. >> fantastic. see you back here if an hour. >> "outnumbered" starts right now. >> this is "outnumbered." today's hashtag one lucky guy, former prosecutor and veteran criminal defense attorney, mark, and we remind him, he is outnumbered. god to see you. >> outnumbered. >> we flew you in from south beach. >> i'm a little concerned. outnumbered. do you know who also is outnumbered? i looked this up. the native americans were also outnumbered and many were slaughtered. >> we'll treat you a lot better.