right now on "america this morning," a step toward justice. >> we got a light at the end of the tunnel. >> new charges against the former officer who kept his knee against george floyd's neck. the three others now under arrest heading to court today, but this morning the challenge ahead for prosecutors. a bombshell from washington. former defense secretary james mattis lashing out at president trump describing him as a threat to the constitution. this morning, how trump is firing back. covid-19 infections on the rise. why doctors say police could be virus. the concern growing as las vegas re-opens today, and the nba votes on a game plan to restart the season.

good thursday morning, everyone. the city of minneapolis is preparing to honor the memory of george floyd today. >> at the same time this afternoon the former police officer is now being charged in his death are scheduled to appear in court. all four officers at the scene that day are now in custody. prosecutors have upgraded the most serious charge against former officer derek chauvin. >> overnight, this powerful scene. protesters shining the lights from their cell phones, the crowd in denver fell silent for nearly nine minutes, the amount of time chauvin kept his knee on floyd's neck. >> in a bombshell development from washington, former defense secretary james mattis is now speaking out slamming president trump for the way he responded to protesters. we will get to that in just a moment, but first abc's megan tevrizian with the scenes unfolding overnight. >> we have been being killed all over, you know, all over the place, everywhere, you know, our

black men are being killed. you know what i'm saying, and it never used to matter. >> reporter: this morning a new step towards justice. >> and i feel that this is going to be the time when we can finally get some justice. i think that it's going to be all right. >> reporter: all four fired minneapolis police officers are now charged in connection to george floyd's death. [ crowd chanting ] >> reporter: derek chauvin now facing upgraded charges including second and third degree murder along with manslaughter while the other three former officers are now charged with aiding and abetting. >> i don't think we get another chance to fix this in the country. i really don't. >> they need to make an example of these four cops so these other cops won't think about doing that again. >> reporter: but for many -- ♪ somebody to lean on >> reporter: it's not enough. >> for african-americans justice comes in a drizzle when it should come in a thunderstorm. >> reporter: thousands packing into the streets overnight. police and crowds clashing after

curfew in brooklyn. dozens rounded up and arrested. earlier in the day peaceful protesters including children were nearly run down in southern california after a car barreled through their march while this group in connecticut staged a mock funeral procession for floyd ahead of today's memorial in minneapolis, and now conflicting autopsies are raising questions among those who were closest to floyd. >> i'm pretty sure if they look at the autopsies he's done, i bet he messed up before. >> reporter: while both autopsies determined floyd's death was a homicide, the medical examiner's office found he died of cardopulmonary arrest but the independent autopsy ordered by his family says it was caused asphyxia. >> it was just a cruel, cruel thing to see. the way he did it is like -- it's like it was a pleasure to him like, you know, this is the norm, you know? there's no big deal. a black guy, so what?

>> reporter: minnesota's attorney general keith ellison says he will continue to upgrade the charges against those four ex-police officers if the evidence supports it, but he warns that juries have a tendency to side with police. >> the net effect is that it's very difficult to hold the police accountable even when there is a violation of law. >> reporter: the three former police officers who stood by as floyd died are expected in court later this afternoon. the floyd family attorney credits the protests nationwide for these new charges against them. kenneth, mona. >> megan, thank you. abc news will bring you live coverage of today's memorial service for george floyd beginning around 2:00 p.m. eastern. breaking news overnight in california where police admit a suspected looter was kneeling when he was shot and killed by police. an officer near san francisco shot and killed 22-year-old sean monterrosa early tuesday after police responded to a looting call at a walgreens. the police chief says the officer opened fire when

monterrosa got on his knees mistaking a hammer in his waistband for a gun. the officer who shot him is on paid leave. new video overnight from huntsville, alabama, where police ended a peaceful rally with tear gas and rubber bullets. one officer appears to get out of his car and calmly use pepper spray on people. a lieutenant says the crowd was not violent but says they dispersed the crowd because officers were not going to, quote, roll the dice. one alabama congressman is now comparing the scene to bloody sunday in selma. in los angeles, protesters calling for the police department's budget to be cut are getting their wish granted. mayor eric garcetti has announced plans to slash about $100 million from the lapd's budget. he wants to divert the money to address problems in disenfranchised communities of color. we turn to former defense secretary james mattis accusing president trump of being a threat to the constitution. in a remarkable and rare

statement, mattis accuses trump of actively dividing the nation. this morning former secretary of defense james mattis tearing into president trump writing, we are witnessing the consequences of three years without mature leadership. we can unite without him. in an essay published in "the atlantic" magazine, mattis blasts him for threatening to deploy the military to crack down on protests in u.s. cities. >> i am your president of law and order. >> reporter: general mattis writing, donald trump is the first president in my lifetime who does not try to unite the american people, does not even pretend to try. the former defense secretary took aim at the administration's decision to disperse peaceful protesters near the white house monday clearing the way for a trump photo-op outside a church vandalized the previous night. the general saying he took an oath to defend the constitution, and never did i dream that troops taking that same oath would be ordered under any circumstance to violate the constitutional rights of their fellow citizens, much less to provide a bizarre photo-op for the elected commander in chief with military leadership

standing alongside. in a new interview, the president defended that photo-op. >> i went there because somebody suggested it was a good idea, and i thought it was a great idea and it was a great idea. i didn't know if there were people around there or not. somebody said, oh, they were so peaceful. well, they tried to burn down the church the day before. they almost succeeded and the church was badly hurt. >> reporter: overnight trump also fired back at mattis calling him the world's most overrated general adding, i didn't like his leadership style or much else about him, and many others agree. glad he is gone. and the white house press secretary called mattis' statement a self-promotional stunt to appease the d.c. elite. president trump is the law and order president that has restored peace to our nation's streets. back in 2016 then president-elect called him one of the great generals. >> they say he's the closest thing to general george patton that we have, and it's about time. it's about time. >> reporter: general mattis resigned as defense secretary in 2018 over trump's plans to pull troops out of syria.

abc's martha raddatz spoke to mattis last night shortly after his criticism of the president was published. >> he said, enough is enough, that he really had tried to stay out of it, that he really didn't want to directly attack donald trump for all this time. i have known him for so many years. i have known him in iraq and in other real battle spaces, and he is the most apolitical person you've ever wanted to meet, so this is really quite remarkable. >> reporter: and now an abrupt reversal from current defense secretary mark esper. the pentagon had ordered 200 active duty military troops in the d.c. area to go home but after esper's meeting with the president, the pentagon announced wednesday night the troops will remain in place. earlier esper told reporters he opposes deploying active duty troops in response to the protest. >> the option to use active duty forces in a law enforcement role should only be used as a matter of last resort and only in the most urgent and dire of

situations. we are not in one of those situations now. >> the former chairman of the joint chiefs of staff is also condemning the use of tear gas on peaceful protesters. mark mullen says the incident outside the white house monday risks further politicizing our armed forces. a 5.5 earthquake jolted southern california centered northeast of los angeles near rid ridgecrest last night. the shaking interrupted a city council meeting. some say it was actually an aftershock of a quake last july. interesting. in northern california, a large grass fire has destroyed at least eight homes threatening nearly 100 more in suisun city. no reports of injuries overnight. time for a look at your thursday morning weather. severe storms with hurricane-force winds roared through parts of the northeast. downed trees claimed three lives near philadelphia plunging 300,000 power customers into the dark. meanwhile, tropical storm cristobal is soaking mexico with

up to 25 inches of rain. the storm is expected to move into the gulf and could hit the u.s. coast sunday. looking at today's high temperatures, 88 degrees in new orleans. memphis and chicago also in the 80s in the northeast today, and er o coming up, las vegas getting back to business today. >> but first nfl quarterback drew brees under fire for his comments about players who kneel during the national anthem. the message this morning from one of his teammates. plus, a state of emergency after a massive oil spill in the arctic circle.

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mind-set that's taking place, a greater recognition that we can do better. former president barack obama is telling people protesting the death of george floyd that their lives and dreams matter, and he's calling on all mayors to review their use of force policies. nfl star drew brees is under fire for his comments about players kneeling during the national anthem. >> brees was asked about players protesting again when the nfl season starts. abc's ines de la cuetara reports his answer is drawing widespread criticism. >> reporter: this morning future hall of fame quarterback drew brees facing backlash across the sports world including from his own teammates. >> you are part of the problem. >> reporter: it comes after brees reiterated his stance against players kneeling during the anthem in the wake of protests over the killing of george floyd. >> i will never agree with anybody disrespecting the flag of the united states of america or our country.

♪ at the twilight's last gleaming ♪ >> reporter: cin kaepernick started the movement across sports in 2016 kneeling during es taking part then made it clear they were protesting racial inequality and police brutality, not the flag. this morning, star athletes are slamming brees including aaron rodgers writing, it has never been about an anthem, not then, not now, and brees' teammate malcolm jenkins getting emotional in this instagram video. >> the onslaught of the [ bleep ] that we have to deal with is crazy right now. the whole country is on fire and the first thing that you do is criticize one's peaceful protest? the same brothers that you break the huddle down with before every single game, the same guys that you bleed with and go into battle with every single day go home to communities that have been decimated. >> reporter: in response to the criticism, brees telling espn this morning, i love and respect

my teammates, and i stand right there with them in regards to fighting for racial equality and justice. as for kaepernick, he was never offered another contract to play. his lawyer insisting the nfl has a racism problem. >> it's probably one of the sing single worst sports when it comes to minority hiring and minority inclusion. >> reporter: in the meantime, dallas cowboys quarterback dak prescott is pledging $1 million to help improve police training and address, quote, systemic racism in the country. kenneth and mona. >> ines, thank you. and coming up, the return of the nba. but first, a massive landslide caught on camera next.

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and another disaster unfolding overseas. this river in siberia has turned red after 20,000 tons of oil leaked from a power plant in the arctic circle. the oil has drifted more than seven miles. and back to the protests across america putting race and police brutality in the spotlight, many are calling this a tipping point for racism. earlier i spoke with civil rights attorney subodh chandra and we talked about why the death of george floyd kicked off this movement when the violent deaths of other black americans did not. good evening, mr. chandra, appreciate having you on the show. you represented the family of tamir rice, 12-year-old cleveland boy shot and killed by police. that case was one of several in this country that put a spotlight and called into question police tactics and use of force. years later what are your thoughts now on how the george floyd case is unfolding? >> two things stand out, first, it is remarkable to me that it is this case that finally was the tipping point to

create the level of protest that we've seen in this country. why that didn't happen with tamir rice, why that didn't happen with eric garner in new york, why that didn't happen on such a national and international scale with michael brown, i don't really fully understand, but it is remarkable and it is welcome. the second thing that stands out is that the hennepin county prosecutor in minnesota deferred to the minnesota attorney general keith ellison. that is remarkable. >> and minnesota attorney general keith ellison announced the charges against derek chauvin have been upgraded to second degree murder. can you explain the difference between the third degree murder charge that he was initially charged with and second degree murder? >> now, both charges are very serious, make no mistake, but a charge of third degree murder in minnesota means that the defendant acted with a depraved heart or a depraved mind and placed others in imminent danger of death and disregarded human life. that would be something like

shooting a gun into a crowd for fun but not intending to kill anyone. that has a penalty of up to 25 years in prison. second degree murder, a step higher, requires one of two things, either that the prosecutors have to prove that the officer intended to kill floyd, but without premeditation, without advanced planning like an assassination or it can mean causing somebody's death without intending the death of anyone but while committing a felony such as a felonious assault, for example. that has a penalty up to 40 years. >> how effective is public outcry when it comes to situations like this? >> well, i think it has its effect. it has its place. clearly the world is watching. clearly the nation is watching, and i think that tends to put public servants on their toes, and it tends to at least when they're doing it right, it requires them to act transparently because they're going to have to justify their

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protesters are not the biggest risk. >> i don't see the police wearing their face masks and i'm very concerned, especially when they confine people that they're confining them without their face masks shoulder to shoulder often in closed spaces for very long periods of time. >> dr. eisenman says the use of tear gas could also put protesters at a higher risk of contracting the coronavirus. the world's largest movie chain is warning the pandemic may darken its screens for good. amc says it expects to post first quarter losses of $2 billion, and that doesn't include the months of april and may. the nba's plan to restart its season could be approved by team owners today. the plan would bring 22 teams to disney world for games next month. no fans allowed. the playoffs would stretch into october. if you're out of work, a virginia brewing company has a job for you. >> devil's backbone brewery is looking for a chief hiking officer. it pays 20 grand. all you have to do is hike 2,200

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building a better bay area for a safe and secure future. this is abc7 news. making news right now at 4:27. thousands of people taking to the streets to rally against racism and crowds marching peacefully in san francisco and oakland. family and friends will hold a private memorial service this morning for george floyd. it comes a day after the three remaining officers involved in his death are charged. and a troubling sign of the dangerous fire season ahead. a fast-moving grass fire in solano county destroying four homes. good morning, everybody. it is thursday, june 4th. we'll get to all those stories in just a moment but first checking in with meteorologist mike nicco for a look at the day ahead. good morning, mike. >> solano county i want to focus on because where the heat advisory lingers until about

7:00. that's where our most likely area for heat illness is to develop as we head throughout the afternoon hours. now, let's take a look at what's going on. pretty quiet from the east bay hills camera. that almost full moon about to set and back tonight when it is officially full and it's called the strawberry moon in june. here's a look at your temperatures. 66 in half moon bay, 78 in richmond and 80s around the bay. low to mid 90s in the north bay and still a few 100s hanging on in the east bay. the last day for that. an update on the big chill, well, it's going to get cooler. kumasi. >> thanks, mike. this morning, we are learning more about the officer-involved shooting that left a 22-year-old man dead in vallejo. police say they thought the man thinking he had a gun in his sweatshirt but it was a hammer. julian glover is live with what we're learning about this. julian? >> hey, good morning, kumasi.

our top story on our website overnight. this morning vallejo police are moving into an internal investigation firing five gunshots through a windshield hitting and killing this 22-year-old sean montarosa. responded to reports of looting at a walgreens seany williams said it appeared he was going to get into a get away car and then stopped. instead he kneeled placing his hands above his waist and that's when an officer said he thought see saw a gun but it was just a hammer, a 15 inch hammer. the officer fired the five shots hitting and killing the 22-year-old. >> based on your experience of 27 years, was this excessive force? >> like i said, the district attorney is going to look at this and our internal affairs is going to look at it. >> the police chief bruff

melanie the. one o e county. the department has 45 days to release the body camera from the responding officer. the chief says he plans on doing it more quickly than that. those officers are currently out on paid administrative leave as this investigation continues. reporting live this morning, i'm julian glover, abc7 news. a peaceful crowd gathered near oakland city hall last night. s sky7 was above the rally to protest george floyd and the curfew in effect for at least one more night. thousands of people were at 14th and broadway where there were fit a few speakers and many talked about how the narrative does not change going forward. >> because we're out here speaking our own opinion about what's going on and it's not right. but the problem is that we have