right now on "america this morning," chaos at the capitol. an incoming plane is labeled a probable threat triggering an urgent evacuation but it was all a false alarm. a stunt plane for a baseball game. now the blame game. what the faa is saying. more mask confusion. the biden administration now saying it will appeal a judge's ruling that struck down the mask mandate on planes and public transportation, so what happens next? johnny depp takes the stand. >> it turned into madness, chaos. >> describing the alleged abuse he suffered at the hands of his ex-wife. how he says the tip of his finger was severed and where the caoes fr celebrating the queen, elizabeth turns 96 today but why her grandson prince harry is causing more controversy. big hit.

the shocking moment at this baseball game. what we're learning about the player who made that tackle. and later a brother's love for his little sister. the video capturing hearts across america. good thursday morning, everyone. we begin with the chaos at the u.s. capitol last night. the entire capitol complex was quickly evacuated. >> police issued an urgent watching about an approaching plane saying it posed a probable threat. it turns out it was all a big misunderstanding. this morning, lawmakers demanding answers after a false alarm triggered a full evacuation of the u.s. capitol. >> yes, sir, we've got a parachute jump at the nationals stadium. >> reporter: the confusion caused by a stunt plane scheduled to fly over the washington nationals baseball game in honor of military appreciation night. but before the plane could get to the ballpark, the chaos began. >> i think there was a miscommunication.

you should not be on me. i'm trying to hand you off to figure out what exactly you're supposed to be, well above my altitude and, b, this is a helicopter. >> reporter: they mistook it for an unauthorized aircraft. officers immediately issued an alert warning government workers to evacuate now saying they were tracking an aircraft that poses a probable threat to the capitol complex. it took nearly half an hour for police and aviation officials to clear up the confusion. and as people filed back into the capitol, the stunt went on as planned. but now lawmakers are blaming the faa for the chaos. house speaker nancy pelosi calling the confusion inexcusable writing in a statement overnight, the unnecessary panic caused by this apparent negligence was particularly harmful for members, staff and institutional workers still grappling with the trauma of the attack on their workplace on january 6th. pelosi is also demanding accountability for what she

calls an outrageous and frightening mistake. the faa says it will conduct a thorough review. the pentagon is investigating ten suicides in ten months linked to the aircraft carrier "uss george washington." military.com says two of the sailors died by suicide on april 9th and 10th and then a few days later the body of another one was found on the ship. suicides by active duty members have been on the rise up 44% since 2015. we turn now to the new confusion over the federal mask mandate on planes and public transportation. the biden administration now says it will indeed appeal a judge's ruling that struck down that mandate. the question now stands, what happens next. abc's ike ejiochi joins us now with the latest. hey there, ike. >> reporter: good morning, dion. the reason for this appeal is based on precedent. should a federal judge be allowed to overturn a decision

made by a public health agency. this morning, the justice department officially filing an appeal of a florida judge's ruling that overturned the nation's travel mask mandate. it comes at the official request from the cdc. in a statement the agency says an order requiring masking in the indoor transportation corridor remains necessary for the public's health. the department is also taking into account precedent, not letting a judge decide public health policy. >> for current and future public health crises we want to preserve that authority for the cdc to have in the future. >> i think it's really important they actually appeal that ruling because i think it is important we are able to switch back to wearing masks again if there is another big variant. >> reporter: since the mandate reversal a chorus of public health experts speaking out denouncing the decision. >> this change in policy sets a really challenging precedent. a single judge overturning a mandate provided by a public health professional means we're unnecessarily putting many people at risk. >> reporter: it comes as covid cases are on the rise according

to health and human services, new infection rates have grown by nearly 23% in the last week. 36 states and territories have seen increases of about 10% or more in that same time. hospital admissions are up too and in milwaukee, school officials there have reinstated the district's mask mandate, just a day after it shifted to a mask optional policy citing a significant transmission of the virus within city limits. for now the masking rules on public transportation remain inconsistent. no masks needed on flights but you may need to put one on inside the airport depending upon which city you land in. >> in philadelphia there is an indoor mask mandate yet i'm seeing so many people without masks, so it's really quite confusing. >> reporter: now the cdc's concern goes beyond this mandate which was set to expire on may 3rd. they want to have the authority to put masks back on in the future just in case of another surge, andrew. >> all right, ike, thank you.

now to the war in ukraine where president zelenskyy says 120,000 civilians are trapped in mariupol as russia ramps up attacks in the eastern part of the country. officials say it is securely blocked. they're talking with negotiators to get safe passage of civilians from the city as russia ramps up attacks in the east. people near kyiv are struggling to cope with the devastating loss of life. marcus moore is there, and we warn you what he saw is disturbing. >> reporter: efforts to rescue people trapped in the trouble here were interrupted by constant shelling. at one point there were so many bodies in the streets here they ran out of room in the morgue. so they had to bury people in mass graves. they want the world to know and to see what happened here in this town because they say it is more proof that the russians have committed war crimes here. >> more than 5 million people have now fled ukraine. meanwhile, vladimir putin is showing off the latest addition

to his nuclear arsenal test launching a new intercontinental ballistic missile. he said, it's, quote, food for thought for those who threaten russia. a major development stemming from the alec baldwin movie set shooting last year. the "rust" movie employee dpukz is now being fined for what authorities describe as serious safety violations. here's abc's morgan norwood. >> reporter: more than six months after the film set that killed halyna hutchins, "rust" movie productions now facing consequences. workplace safety regulators in in new mexico releasing the findings of their months' long investigation finding the company demonstrated plain indifference to employee safety and knew firearm safety procedures were not being followed. >> we issued the maximum possible fine of $136,793 to the company. this fine was assessed against the legal entity "rust" production llc, not specific individuals. >> reporter: the nearly 11-page report detailed the scathing

narrative of safety failures and violations including testimony that production managers took limited to no action to address two misfires on set prior to the fatal shooting and violations of guidelines that prohibit the use of live ammunition or employees pointing a firearm at anyone except after consultation with the armorer or prop master. the bureau also listing multiple gun safety complaints from crew members that were ignored. >> if standard industry practices were followed, the fatal shooting of halyna hutchins and the serious injury to joel souza would not have occurred. >> reporter: the attorney for the film's armorer hannah gutierrez reed who also filed a lawsuit against the movie production releasing a statement saying, quote, critically osha also determined production failed to call hannah in and inspect the firearm. "rust" movie productions refuting osha's findings saying, quote, while we appreciate osha's time and effort in its

investigation, we disagree with its findings and plan to appeal. morgan norwood, abc news, los angeles. alec baldwin's attorney says making it believe he held only dummy rounds. the criminal investigation, that is ongoing. turning now to look at your thursday weather forecast. so more heavy winds and northern arizona could fuel a wildfire that's already destroyed homes and forced evacuations. the fire near flagstaff tripled in size in just the last 24 hours spreading to 30 square miles. winds will intensify tomorrow. on the radar strong storms expected in the plains and parts of the midwest and rain along the west coast with heavy snow in the mountains. checking today's high temperatures around 60 across the northeast, 80s from the gulf coast to the southwest. 81 in miami.

coming up, the news about bernie sanders' future. also ahead, dramatic moments in court as actor johnny depp testifies about the alleged abuse he suffered at the hands of his ex-wife. and later the great white shark caught on camera. this family needed a bigger boat. ♪ ♪ [ bird chirps ] springfest is back! [ sprinkler & birds chirping ] these are the mowers i was telling you about. and right now, you'l find everythig

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okay, ma'am. what's going on there? >> there was ah man hit in front of me. i was traveling on the road, and i saw a dump truck hit the man. >> that was the driver who saw the final moments of dwayne haskins' life. we now know why he was crossing a highway when he was hit and killed. his wife called 911 saying her husband had run out of gas. haskins was 24.

senator bernie sanders has not ruled out another run for the white house. "the washington post" quotes a memo from a sanders adviser saying he is open to running for a third time in president biden doesn't seek re-election. sanders would be 83 years old on election day 2024. dramatic new testimony from the johnny depp defamation trial. the hollywood star taking the stand, describing the alleged abuse he suffered at the hands of his ex-wife. this morning, johnny depp is preparing to face cross-examination in his fierce legal battle with ex-wife amber heard. >> she was banging on the doors and screaming obscenities. >> reporter: depp is suing her for defamation, claiming she was alluding to him in a 2018 "washington post" op-ed in which she acknowledged being a survivor of domestic abuse. depp denies abusing heard and says her claims damaged his career, costing his role as captain jack sparrow in pirates of the caribbean. >> telling people that i was a drunken, cocaine-fueled menace

who beat women suddenly in my 50s, it's over. > reporter: depp now making the argument that heard was the aggressor in their turbulent marriage. >> we would always have to book an extra room that i was able to escape to. >> reporter: depp going into gruesome detail about heard's alleged abuse. >> she walked up to me and reached and grabbed the bottle of vodka and then just kind of stood back and then hurled it at me. and then i looked down and realized that the -- the tip of my finger had been severed. >> among his allegations, that heard hit him, severed part of his middle finger, and soiled his side of the bed after he asked for a divorce. heard denied injuring depp with a bottle and says the dogs made that mess in the bed. ning currently countersuing mi.

in the courtroom is dark and disturbing details coming out from both sides. so whatever happens and whatever the jury finds with their verdicts, really both johnny depp and amber heard are going to be losing when it comes to their dirty laundry being aired for the world to see. >> depp is asking for $50 million in damages. heard is expected to take the stand by the end of the week. coming up, royal controversy. is prince harry overshadowing the queen's birthday celebration today. the very latest from london. also a shocking moment at this baseball game. what we're learning about the player who made a

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the woman later said, i can't believe i'm alive. she is now out of the hospital. well, the faa has revoked a pilot's license of the youtube star who jumped out of a plane claiming it was crashing. the faa says trevor jacob deliberately crashed the plane over california last year all for publicity and say he made no attempt to restart the engine before jumping out of the plane holding a selfie stick. overseas queen elizabeth marking a very special day but some claim her grandson is stealing the spotlight. abc's andrea fujii has the latest royal controversy. >> reporter: this morning, queen elizabeth is celebrating her 96th birthday. the family releasing this picture of the monarch with two of her ponies, but the birthday fanfare tarnished by negative press about prince harry who spoke tuesday about the visit. >> we have a very special relationship. we talk about things she can't talk about with anybody else. >> reporter: the british tabloids slamming him for his breathtaking arrogance by seeming to insist he is the

queen's closest confidant. "the daily mail's" front page saying, on day the queen released serene birthday portrait guess who spoiled her joy once again. and from "the daily star," the ego has landed. prince harry spoke with his grandmother last week while he and his wife meghan were on their way to the invictus games in europe. >> she's always got a great sense of humor with me and i'm making sure that she's protected and got the right people around her. >> reporter: royal pundits upset with harry's comments that appear to criticize the queen's inner living thousands of miles away and questioning his sincerity pointing to the fact he did not attend his grandfather prince philip's memorial last month. the trip was their first time back since the two stepped away from the royal duties in 2020. harry was also asked about his relationship with his father and brother in which he would not directly say whether he missed them. he also would not commit to attending the queen's royal jubilee festivities in june

citing security concerns. he's currently suing the british government over its decision to remove his royal protection officers. today a 41-gun salute will honor the queen's birthday. she's had to pull out of big events recently including easter sunday service citing mobility issues. andrew, dion. >> andrea, thank you. turning now to sports, the celtics came back from a 17-point deficit to beat the nets last night 114-107 and now have a commanding 2-0 series lead. the 76ers and the bulls also won last night. a headline from college basketball. villanova coach jay wright is retiring. he is taking a new role as a special assistant to the university's president. then there was this wild scene at a college baseball game in texas. the pitcher came off the mound and tackled a player who had just hit a home run. the hitter still managed to touch home plate and score but then, you know, the game was suspended. that pitcher from weatherford college now faces possible

expulsion. >> oh, no. all right, well, coming up lost and found. what is happening to a piece of history from "the wizard of oz." also ahead, rules of the road for self-driving cars. should drivers be allowed to tc i represent over 4.3 million registered nurses. 67,000 pediatricians. and we all agree on this... you can trust the covid vaccine for your kids, or your grandkids. i do. ♪ music ♪

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♪ time to check "the pulse," and we begin with a family in australia swept into a scene straight out of "jaws". >> they were on a fishing trip when a 14-foot shark tried to take a bite out of their boat. the family told 9 news australia the great white circled the boat for more than an hour and chomped on the motor several times before swimming away. >> the dad was quick to point out, quick, it's their

playground. maybe you need a bigger boat if you're going to go out in shark infested waters. a questionable idea. watching tv in self-driving cars. >> british regulators say this will be legal later this year. they say when cars are in self-driving mode, drivers will legally be allowed to watch tv as long as they are ready to take back control at any time. >> but texting or watching videos on your phone still will not be allowed. next, one of the dorothy dresses judy garland wore in the wizard of oz is going up for auction. >> it's expected to fetch more than $1 million. the dress was donated to the catholic university of america back in 1973 but it was lost until someone found it during a recent renovation. and finally, a sweet sibling moment. >> a big brother's act of kindness is getting some love online after his mom posted this video. take a look. 4-year-old judy was having a hard time learning how to ride her bike, so big brother mac gave her a little push and that's what she needed.

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>> building a better bay area, moving forward and finding solutions.

this is abc7news. >> prepare for possible mask mandate whiplash. >> vice president kamala harris and former president barack obama both set to visit the bay area today. >> and watch for rain on the roads. really coming down in the east bay overnight. will it last all day? >> the warriors on the road for the playoffs. the party happening in san francisco as the team takes on denver in game three tonight. i am prepared for a sweet. -- sweep. we want to start with a check on the rain. every time i walk out, i'm shocked. when it is heavy, what is this? >> and late april? >> you're waking up to a lot of rain in some spots. bright colors in live doppler 7 and pops of yellow and orange. even parts of south