right now on america this morning, a potential mass shooting is unsuccessful and the violent takedown, life in prison, no parole. >> the so-called doomsday cult mother is sentenced for killing her two children, claiming they were zombies. lori vallow daybell's final message in court and how the judge responded. >> sleeping on the streets with no access to a bathroom while the migrant crisis in the us has worsened nearly 2000 miles away

from the southern border. new this morning, the first images from inside the home of the suspected gilgo beach serial killer and what his wife is now saying, treading water for five hours in the ocean. what this man found in the water that helped him finally flag down, help the man attacked by a bear inside his own garage. >> i got hit against the stand out there. shelves and i remember holding my head. how he finally escaped. >> and later, the new legal battle at taco bell concerning the amount of meat and beans being served. >> from abc news in new york this is america this morning. >> good tuesday morning, everyone. i'm andrew dymburt. >> happy tuesday. i'm rhiannon ally. we want to begin with a suspected mass shooting plot thwarted in tennessee. >> we're learning more about the armed suspect. police say he tried to enter a jewish school, but could not get inside. this

morning, police in tennessee say the man in this picture was stopped from carrying out what they call a potential mass shooting. >> today is a great example of very alert, vigilant officers trying to protect the city. i personally, truly believe that we have avoided a tragedy. >> the image showing a man in a blue shirt holding a gun was taken at the margolin hebrew academy. the only orthodox jewish school in memphis. police say he tried to gain access to the building, but the school's security measures prevented him from getting inside. >> he did try to enter the building armed with a gun. when he could not gain entry, he fired shots outside the school. >> no one was injured when the suspect opened fire. outside the building, police spotted the suspect in his vehicle a short time later, not far from the school. according to investigators, officers shot the man when he stepped out holding that gun. oscar gomez said his three sons were home when the suspect was shot in their neighborhood. >> they throw themselves on the floor so they will not get hit. i have never, never experienced anything like this. it's it like i say, it's very concerning.

>> the suspect was taken to the hospital in critical condition. police did not immediately identify him, but local congressman steve cohen said the suspect is a former student at the school. authorities say a motive is still under investigation, saying it's too early to know if this was a hate crime. >> former president trump says his indictment in the january sixth case could come any day now with the grand jury expected to meet today. an indictment is also looming in georgia after a judge rejected trump's bid to stop the investigation into election interference in that state. abc's em nguyen is now here with the latest. m good morning. >> good morning. rhiannon trump faces and expects to face a new indictment in the special counsel's investigation into his actions after the 2020 election that include the events leading up to the january 6th attack on the us capitol. a grand jury hearing evidence in the case is expected to meet today. abc's pierre thomas reports the decision on whether to charge trump could come soon. >> all signs point to the

special counsel making his final decision one way or another soon. this is the end game. we're talking days, not weeks. meanwhile while trump could soon be indicted in georgia, where prosecutors investigate his efforts to overturn the 2020 election results in that state, officials today will be announcing security measures at the courthouse this all comes as a manager at mar a lago faced a judge yesterday charged in the classified documents case against trump. >> carlos de oliveira is accused of conspiring with trump's aide to try and delete security camera footage. de oliveira did not enter a plea. he's been given more time to find a local lawyer now. trump has denied any wrongdoing and accuses the justice department of harassing him. rhiannon all right, and thank you for that. >> the idaho woman known as the doomsday cult mom has now been sentenced for the murders of her two children. lori vallow daybell remained defiant in court. abc's melissa adan shows us would you please rise for the pronounced of sentence? >> lori vallow daybell sentenced

to life in prison without the possibility of parole for the murders of two of her three children. seven year old joshua jj vallow and 16 year old tylee ryan. >> they were found dead, earned, muted, hated and dismembered and buried like animals. >> but before learning her sentence. vallow daybell addressed the courtroom, denying the victims were murdered. >> i know for a fact that my children are happy and busy in the spirit world. the so-called doomsday cult mother claiming her children have visited her as a spirit. he said to me, you didn't do anything wrong, mom. i love you and i know you loved me every minute of my life. >> prosecutors said lori and her married lover, chad daybell, a doomsday author, claimed the kids and chad's wife were zombies who had to be killed. they argued the couple who married weeks later on a beach in hawaii were driven by greed. >> jj and tylee could have been with us living happy lives.

instead, she took all that away. all because she is a money hungry power mongering monster. >> the idaho judge adding that lori justifies all of this by going down what he called a bizarre religious rabbit hole from which she has yet to emerge. >> you simply have no remorse for it, even sitting here today. >> jj and tylee's remains were allegedly found on an idaho property belonging to chad daybell after a months long search, lori's legal team blaming chad for their deaths. daybell vallow's brother says he hopes the sentencing brings closure to their family, while chad daybell is currently in jail awaiting the start of his own trial next year. melissa dean, abc news, los angeles. >> melissa, thank you. ukraine and russia are exchanging drone strikes inside their respective countries. russian missiles slammed into an apartment complex in the hometown of ukraine's president, killing six people. yesterday it was retaliate for ukrainian drone strikes in moscow over the

weekend, which damaged russian government buildings. >> we turn now to the migrant crisis. s spreading from the border to big cities in the north. many hoping to find a better life in america are finding they can only sleep on the street with no access to a restroom and no certainty as to what comes next. this morning, the crisis at the southern border has led to a crisis in the big apple. >> we are having a like human crisis here in the city. >> the processing center for newly arrived migrants has reached capacity in manhattan. that means asylum seekers are now sleeping on the sidewalks, winding around the block, unable to find beds in the 1000 room hotel where they wait to be processed. some were lucky to get inside one of the cooling vans outside. >> we need help. and it's not going to get any better. but this migrant says the uncertainty pales in comparison to the danger he faced in mexico, where he says he was kidnaped for 37 days for finally

being released after paying $1,500 to his captors. >> more than 93,000 asylum seekers have come through the new york processing center since spring of last year, around the same time, texas governor greg abbott began bussing migrants to sanctuary cities, including new york and chicago. >> our next phase of this strategy, now that we have run out of room, we have to figure out how are we going to localize the inevitable will that there's no more room in doors in chicago, hundreds of migrants have been staying at police stations until they can be taken to a shelter with space. >> speaking from the police station that i'm currently volunteer at, we the individuals, do not have access to showers and they don't have access to laundry. >> washington dc's mayor requested the help of the national guard last year to assist with busses of migrants arriving. governor abbott saying washington, d.c. finally

understands what texans have been dealing with every single day. major cities are asking for more federal aid to house the migrants they're also asking for expedited work permits. while several big cities struggle illegal crossings at the southern border dropped significantly after new asylum rules took effect in may. but those rules are now the subject of a legal battle. >> team usa took on portugal at the women's world cup this morning. the result was a nil nil draw, but that's enough to send the us women into the knockout stage for the ninth consecutive time. the us has not lost to portugal in ten previous matches. the streak continues. time now for a look at your tuesday weather. >> check this out. a massive fire whirl was seen along the california nevada border where a wildfire is being fueled by the hot and dry conditions. smoke from the so called york fire disrupted flights in las vegas and is even threatening joshua tree in the mojave national

preserve. 31 million americans are under heat alerts today. the heat index will approach 110 degrees through the rest of the week from dallas to new orleans. elsewhere high temps will be in the 80s in the northwest today, 70s for new england. >> coming up, a big change when it comes to takeout food. >> but first, new images from inside the home of the suspected gilgo beach serial killer. what his wife is now revealing. >> and a man survives treading water for five hours. what he found in the ocean that helped him flag down, help

when you were diagnosed with cancer. i know this has allowed you to see how hard life can be, but always realize it's full of opportunities to make someone's day better. there's been so much kindness surrounding you, starlight who made you smile even on your toughest days. never forget those who loved you so well and know that you have the responsibility to give back. love, dad. >> good morning, america. >> now to a remarkable rescue at sea off new york's long island. daniel ho was swimming around 5 a.m. yesterday when the current

pulled him into open water. the 63 year old managed to tread water for five hours without a flotation device. and then he got lucky. he found a broken fishing pole in the water and tied his shirt to it to flag down a passing boat. and then two men on that boat saw him and threw him a life ring. >> so he was just treading water, praying that some boat would come by. and i could tell you there were no boats in the area. i mean, not for miles. he just kept saying, i thought i was a goner. i thought i was a goner. >> ho ended up traveling two and a half miles before being rescued in the water, just in credible there the suspected gilgo beach serial killer heads to court today. >> and now his wife is speaking out, saying her children cry themselves to sleep at night. she said authorities searched her home and caused so much damage she doesn't even have a bed to sleep in anymore. here's abc's derrick dennis. this morning, for the first time, we're seeing pictures from inside the long island, new

york, home of the suspected gilgo beach serial killer. >> boxes and boxes of household items pile high and a large hole cut out from the bottom of a bathtub. the mess uncovered during a 12 day search of the property by investigators looking for evidence against 59 year old rex herman, his estranged wife, asa elop, telling abc news, everything is destroyed. it's worse than glass breaking on the floor. she says she and her children were blindsided by humans. arrest and their home was left in shambles . telling the new york post, my pictures were thrown all over the place. my couch was completely shredded. police say they also found nearly 300 guns, many of them stored in a walk in vault in the basement. herman, a successful manhattan architect, faces three counts of murder in the 2010 unsolved gilgo beach. deaths of three women, all in their 20s and believed to be sex workers. he's also the prime suspect in a fourth killing quickly filed for divorce after hilleman's arrest, saying, my children cry themselves to

sleep. i mean, they're not children. they're grown adults, but they're my children. and my son has developed mental disabilities. he's so distraught and doesn't understand. and as a mother, i have no answers for him. elliot's attorney blames investigators for turning the herman home upside down. what they've done to them and the family is not even human. they were just complete animals. they treated them like animals, human heads to court for a procedural hearing today, his first court appearance since pleading not guilty to the charges at the time, he cried out in court, saying, i didn't do this. rihanna andrew, derek, thank you. >> beginning today, retailers across the country can no longer sell incandescent light bulbs for common household use. you'll now be able to buy only led bulbs which use less energy. they cost more than the old bulbs, but they last up to 50 times longer. and a new law takes effect in new york today, making takeout orders a little lighter. restaurants can no longer provide plastic utensils

and single use ketchup and soy sauce packets with your delivery unless you ask for it. it's aimed at reducing waste. >> coming up next, caught on camera, a man is attacked by a bear inside his garage. >> also ahead, the sudden death of an up and coming hollywood star at age 25 dove invited women who wanted their damaged hair trimmed. yes, i need a trim. i just want to be able to cut the damage. we tried dove instead. so, still need that trim? oh my gosh! i am actually shocked i don't need a haircut.

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i remember holding my head. >> wow. glad it appears he's going to be okay. as you can see, he needed stitches to his head. officials have placed a trap on his property in case the bear returns. >> now to hollywood and the sudden death of a beloved young actor who just recently starred in his breakout role. fans of the hbo hit euphoria are mourning the loss of one of the show's stars. yeah it's going to be a good night tonight. >> man. let's get this money. angus cloud passing away at his home in california. >> he was just 25. his family saying last week he buried his father and intensely struggled with this loss. angus was open about his battle with mental health. and we hope that his passing can be a reminder to others that they are not alone. police were heard responding to a 911 call made by clouds mother in which she reported a possible overdose. >> murphy's advising that her son has possibly overdosed. he doesn't have a pulse. >> cloud had never acted before landing his role as the kind hearted drug dealer. fezco on euphoria. >> i can't help in the door. i'm

not going to help you kill yourself, rue. >> the young star was open about his struggles with addiction in many drawing comparisons between him and his on screen persona, he defended the show's portrayal of drug use during an interview with tmz. >> i don't think it glorifies nothing for real. drugs ain't nothing to play around with. that's just it's not fun in games. it's serious business. >> cloud also revealed that he suffered brain damage from a fall in 2013 when he fractured his skull. stay in me. oh, thank by me. the creator of euphoria saying he was too special to talented and way too young to leave us so soon. i hope he knew how many hearts he touched. i love you. >> i love you, too, kid. if you or anyone you know is struggling , you can always call the suicide and crisis lifeline at nine, eight, eight. >> in medical news now, a new study warns just one alcoholic drink per day can increase your blood pressure. >> it even applies to people who

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triple digit heat. next, taco bell is being taken to court. >> so a man is suing, claiming the chain is falsely advertising how much beef and beans are in its wraps. and mexican pizza, he claims the real amount is about half of what you see in the ads. the class action lawsuit is seeking $5 million. there's no comment from taco bell. and next, a suspect on the run in texas played a very poor game of hide and seek. >> check out this drone footage that bright orange dot in the middle is the suspect there. police posted the images with this advice. note to thieves might be wise not to dress like a road crew worker while running from police. next, forget the warm weather and beaches. iowa may be the place to retire. >> a new study by bankrate found iowa is the best state for retirement. the study looked at affordability, weather and crime . >> delaware ranked second, followed by west virginia. alaska ranked last. next, you've heard of the doggy paddle, but what about a dog knee boarding. >> check out this pug named levi . he enjoyed knee boarding on this lake in western canada. his owner says water sports are a

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announcer: building a better bay area, moving forward, finding solutions, this is abc7news. reggie: now 5:00, strike in san jose, thousands of city workers expected to cast their votes on a possible strike. the services and departments i could be affected. >> our street vendors deserve to be safe and effective and have the opportunity to make an honest living. kumasi: how san jose leaders are helping the small business owners who could in turn help downtown. reggie: survive and advance, the u.s. women's national team moving on in the quest to defend their world cup title. good morning and welcome to tuesday, august 1, and let me be the first to say your rent is due. jobina: i did forget. kumasi: there is too much happening today. drew: it is already august? reggie: i know people get mt