>> that's what's making news in america this morning. right now on "america this morning, breaking news, a new announcement about covid vaccines and booster shot, this time concerning the johnson & johnson shot. the new data this morning. plus, the big city mayor caught dancing in a club without a mask violating the city mandate defends her actions. breaking overnight, new developments in the gabby petito case. the 22-year-old missing after a road trip with her boyfriend. this morning for the first time a park ranger who saw gabby just before her disappearance explains what she saw and what was so troubling. developing news from the cia. new concerns about the mysterious illness known as havana syndrome affecting dozens of americans overseas. now there's word that someone traveling with the cia director has fallen ill. new details overnight about the investigation into this

video. u.s. border agents in texas on horseback confronting migrants while appearing to use horse reins as whips. the response this morning. a major new test for the controversial abortion law in texas. our legal expert explains what is next. and from the new season of "dancing with the stars" to peyton manning making news during monday night football to a big surprise at your local car dealership, it's tuesday, september 23rd. ♪ beep, beep and beep, beep, yeah ♪ good tuesday morning, everyone. i'm andrew dymburt. >> i'm andrea fujii. mona is off. we begin with the breaking news about covid vaccine booster shots. johnson & johnson releasing new data this morning. >> the company says a second shot of its vaccine given as early as two months after the first one dramatically increases the vaccine's effectiveness.

>> it comes just one day after new data concerning the pfizer vaccine in kids as young as 5 years old and ike ejiochi is here with the latest. ike, good morning. >> reporter: good morning, andrea. millions of more americans are one step closer to being eligible for the covid vaccine. this morning, a critical step in getting more americans vaccinated. pfizer announcing its vaccine is safe and effective for children ages 5 through 11 after testing the vaccine on more than 2,200 young participants, pfizer says the vaccine caused minimal side effects and the dose is one-third of the amount given to people 12 and older leaving many parents wondering why such a smaller dose for children who could be just one year younger. >> this is always a challenge in children's clinical trials. usually dosing is based on weight but when you're talking about a vaccine it's just not practical. ultimately this doesn't matter that much. what matters most, whether you're 11 or 12 you'll get a dose based on the science that's safe and effective. >> reporter: new as a results, a

second shot of the johnson & johnson shot dramatically increased its effectiveness when given as early as two months after the first dose. new figures show the two states with the highest vaccination rates now have the lowest number of covid hospitalizations, massachusetts and vermont. in washington state, the governor is now requesting federal staffing to support overwhelmed hospitals. vaccination rates are high in washington, but officials say a lack of staff is adding to the strain along with an influx of patients coming from neighboring idaho. >> any help is going to be good. our staff is stressed. they are overworked. ♪ >> reporter: in california, the mayor of san francisco is defending this moment caught on camera. she was seen inside a nightclub dancing and singing without a mask despite the city's indoor mask mandate. >> when you go to a restaurant do you sip and put your mask on, sip and put your mask on?

the reality is what we're asking people to do is go out, enjoy our city, but also be mindful that covid is still out there. >> reporter: meanwhile, big news when it comes to foreign travel. the white house says foreigners will be able to fly into the u.s. again starting in november if they show proof of vaccination and a negative covid test, however, the new policy does not include travel from canada or mexico. andrea. >> all right, ike, thank you. now to the growing mystery surrounding the gabby petito case. she's the 22-year-old last seen on a road trip with her boyfriend who is now missing. we have several developments this morning including what a search warrant turned up and what a park ranger in utah saw just before gabby's disappearance. the investigation into the gabby petito case taking another dramatic turn as new evidence reveals growing tensions between gabby and her boyfriend brian laundrie. >> and it's so sad because she might be alive today. >> reporter: on monday the fbi swarmed laundrie's family home in florida one day after agents

in wyoming found human remains believed to be petito. police are calling laundrie a person of interest in her disappearance after he returned from the couple's cross-country road trip on september 1st without gabby. laundrie refused to speak to investigators and has not been seen since last tuesday. the former host of "america's most wanted," john walsh, accuses laundrie's family of enabling him. >> when he showed back up with her van and he laid around the house for ten days, he could have scrubbed that van. i bet the fbi didn't find much in that van. >> reporter: and now a search warrant is revealing the odd final text message from her phone to her mother. it reads, can you help stan? i just keep getting his voice mails and missed call. stan is gabby's grandfather and gabby's mother says she never called him stan suggesting gabby may not have sent the texts. other messages between gabby and her mother show there appeared to be more and more tension between her and laundrie.

in the meantime, authorities released the 911 call made when someone claimed to have seen a domestic dispute between the couple days before she was last seen and the caller says he saw laundrie slapping gabby. >> we drove by and the gentleman was slapping the girl. >> he was slapping her? >> yes, and then we stopped, they ran up and down the sidewalk. he proceeded to hit her, hopped in the car, and they drove off. >> reporter: but that report appears to contradict the police report, which says no one reported that the male struck the female to the officers. >> it just was chilling to see that those cops didn't get the information that the person who called in was so concerned that he pulled over, a tourist, and called 911 because he saw this guy beating the heck out of gabby. this is classic domestic abuse. he's terrorized her not to tell the cops that he was the aggressor, the slapper and puncher. >> reporter: and now a park ranger who responded to that 911 call is speaking out. she says she warned gabby that her relationship with brian seemed toxic. melissa hulls tells "the deseret news," i was imploring with her

to re-evaluate the relationship asking her if she was happy in the relationship with him and basically saying this was an opportunity for her to find another path. hulls adding, this wasn't a good day for anybody. we thought we were making the right decision when we left them. the attorney for the laundrie family had scheduled a news conference for today but says he canceled it after speaking to the fbi. breaking overnight, another reported case of havana syndrome, this time coming close to the head of the cia. sources say an intelligence officer experienced symptoms and needed medical attention while traveling with cia director william burns to india. cnn was first to report the incident, which reportedly angered burns. it's not clear if the delegation was targeted. a similar incident involving americans in vietnam last month forced vice president kamala harris to delay her flight. previous victims have reported neurological symptoms possibly consistent with microwave energy. president biden addresses the u.n. general assembly to

discuss covid, climate changes and other challenges today. his speech comes amid growing fallout from the afghanistan withdrawal and a submarine deal with australia that has angered the french. the u.n. is asking world leaders to be vaccinated. a mobile vaccination clinic has been set up, but the president of brazil is not vaccinated. he was seen eating pizza outside of a restaurant in new york where proof of vaccination is needed to eat indoors. now to the crisis on the border and growing outrage over border patrol agents on horses confronting migrants trying to enter the u.s. it comes as u.s. officials vow to ramp up deportation flights. this morning, new details after this video showed u.s. border patrol agents on horseback charging at migrants trying to enter the u.s. from mexico. an agent can be seen here using what appeared to be long reins in a whipping motion to force one migrant back. the images now prompting an outcry in washington. >> i can't imagine what the scenario is where that would be appropriate. it's obviously horrific, the footage.

>> reporter: overnight the department of homeland security launching an investigation tweeting, the full investigation which will be conducted swiftly will define the appropriate disciplinary actions to be taken. more than 14,000 mostly haitian migrants have already crossed the rio grande and are being held under this bridge near del rio, texas, in squalid conditions. authorities now working to process all of them as homeland security steps up deportation flights to haiti. >> our borders are not open, and people should not make the dangerous journey. if you come to the united states illegally, you will be returned. >> reporter: the dhs secretary defending the deportations under the trump era title 42, which allows for the expulsion of migrants due to covid concerns. the biden administration is exempting unaccompanied minors and many families. texas governor greg abbott blames the crisis on the biden administration and has requested a federal emergency declaration. time now for a look at your tuesday weather.

despite dangerous fire conditions in northern california, the giant trees in sequoia national park have been saved thanks to fire resistant wrapping at their bases. two fires burning in that area have burned 80 square miles. most of the eastern u.s. gets some rain today and strong storms could cause flash flooding around the eastern great lakes. it'll be dry from the plains to the west coast, and checking today's high temperatures on this last full day of summer, 88 in los angeles, only 68 in denver, 85 in miami. coming up, a major test for the new abortion law in texas. also ahead, what we're learning about the damage from that volcanic eruption on an island in the atlantic. and later, caught on camera, the race car driver behind the wheel when the gas pedal gets stuck.

more than 100 homes have been destroyed by lava from the volcano erupting on la palma in the atlantic. there's concerns about lava reaching the ocean, which could form plumes of toxic steam. back in this country, the first major test for the new abortion law in texas. two lawsuits have been filed against an abortion doctor who admits violating the law. here's megan tevrizian. >> reporter: this morning, a texas doctor who admits defying the state's new abortion law is now facing two lawsuits, which are the first known challenges under the constitutional law. doctor allen grade opened the door to the lawsuits when he told "the washington post," i acted because i had a duty of care to this patient. as i do for all patients and

because she is a fundamental right to receive this care. the two plaintiffs are disbarred attorneys from out-of-state and neither claim to be anti-abortion. one was previously convicted of tax fraud in arkansas. >> in some ways, this is a plaintiff who makes perfect sense in the way the law is drafted. no connecion to the issue or the parties, to texas at all. and yet, may well have the ability, the way the law is drafted, to go to court and have the court actually hear his case. >> reporter: the new law bans abortions, once a heartbeat can be detected in the embryo, which is typically six weeks, before many women know they are pregnant. the law calls for private citizens to report anyone who helps a woman get an abortion and rewards them with $10,000 for reporting the crime. the supreme court roe v. wade

decision gave women to choose an abortion up to 24 weeks. dr. grade writing, i believe abortion is an essential part of health care. i've spent 50 years treating and helping patients. i can't sit back and watch us return to 1972. >> this texas prohibition on abortion after six weeks is clearly unconstitutional. no one disputes that. even tax admits the law is unconstitutional under roe v. wade. when this supreme court has before it this law or a law like it, whether it will change the constitutional law of abortion. >> reporter: dr. grade could be fined at least $10,000 if found guilty. meanwhile, the supreme court has agreed to take up a different abortion case regarding a mississippi law. oral arguments in that case are scheduled for december 1st. andrew? andrea? >> meghan, thank you. and coming up, the sticker shock at car legalerships.

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♪ and what you ♪an do next—to take control of your sight. my name's caleb. what's yours? i'm grace! did you just move here?

yeah! cool!

building a better bay area, moving forward, finding solutions, this is abc 7 news. >> now now now

want to plan to do more things inside. we have the batter moving into the bay area. >> president biden's main address, what he is to focus on. >> the mystery surrounding the gabby petito case. what a search warrant turned up, and putting a final text message. ♪ >> business in the big highlights as the group of celebrities kicked off season 30 of dancing with the stars. >> good morning. you are watching abc seven mornings. >> we have a look at our forecast with mike. >> it's going to tuesday. we have the lack of wind outside with high pressure in control. no morning marine layer c