t day of the week will be on thursday and as we head throughout next sunday as well. >> mild all around. thanks for joining us here. lester holt is next. on this tuesday night, breaking news. as protests swell in baltimore, late word tonight the feds are now investigating the death of a man fatally injured in police custody. life or death for the convicted boston bomber? tonight, chilling newly seen video moments after the explosions and a courtroom surprise. what prosecutors call tsarnaev's message to america. total recall. one of the most popular brands of ice cream, millions of gallons thrown away over fear of what could be in it. and jacob's story. he's only 5 years old, but tonight he's revealing what it means to be transgender. one family shares a very personal story. "nightly news" begins right now. from nbc news world headquarters in new york, this is "nbc nightly news."

reporting tonight, lester holt. good evening. we begin tonight with breaking news out of baltimore where hundreds are gathering in protest at this hour outside a police station. outrage over the death of a man who suffered a spinal injury while in police custody. six officers have been suspended, and there is late word the feds are now getting involved in the case. nbc's tom costello starts us off tonight from baltimore. >> reporter: tonight, the justice department has announced it's opening its own investigation into how 25-year-old freddie gray suffered a fatal spinal cord injury in police custody. on the streets of baltimore demonstrators have been peaceful but determined to get answers. >> i have a son. and i would never want this to happen to my son. >> reporter: gray family attorney billy murphy wants to know why freddie gray was being chased in the first place. >> the man was arrested for literally running while black, or as we also jokingly on the inside say felony running. >> reporter: just over

the past four years, baltimore has paid out nearly $6 million in judgments and settlements involving allegations of police brutality and civil rights violations. the mistrust in the community goes back decades. local nbc reporter jane miller has covered the city for 30 years. >> these folks in these communities where there's higher crime, where there's depopulation and there's blight they are dealing with this kind of interaction with police all the time. >> reporter: today the police commissioner is meeting with residents in this same neighborhood. >> we have a long way ahead of us. there's a lot of frustration out in the community. we're aware of that. >> reporter: tonight, with the eyes of the country on baltimore, the police insist their investigation will be transparent. and they say it will be honest and complete, lester. >> tom costello in baltimore, thank you. the same jury that convicted dzhokhar tsarnaev for the boston marathon bombing today heard in vivid detail what it sounded like, looked

like and what it felt like the moment those two bombs went off killing 3 people and injuring 264. prosecutors today beginning the penalty phase of the trial with a gut wrenching testimony of survivors and never-before-seen video hoping to convince that jury to sentence tsarnaev to death. our justice correspondent pete williams was in the courtroom today. but first a warning there are disturbing and even offensive images in this report that the prosecution says is central to its case. >> reporter: some jurors wiped away tears today as victims who were seriously injured by the bombs recounted the terror, the chaos and the excruciating pain. celeste cork rat who lost both legs said it hurt so much she thought she might die and at one point hoped she would. a somber courtroom first heard the sounds captured in the moments after the bombing. >> unless you were there, unless you saw those pictures, i

don't think anybody can begin to imagine -- you can't begin to imagine the horror of that day. >> reporter: her husband, kevin, said last week during a court recess that dzhokhar tsarnaev should get the death penalty. as the mother of krystle campbell who was killed in the bombing sobbed in the courtroom, her father said when she rushed to the hospital he thought she was a patient in surgery when she walked in the room and found out it wasn't her, he said, he passed out on the floor. asked what he misses the most, he said i still miss my hug every day. she never left the house without giving me a hug. this phase of the trial is urging the jury to impose a sentence of death saying those killed by the bombs had time to feel pain but no time to say good-bye. tsarnaev might have been radicalized by his older brother, the government said, but all that matters is what he believe and had what he did. and the jury was shown a photo of tsarnaev taken in a holding cell in the courthouse before a hearing making an offensive gesture three months before the bombing.

prosecutor naydene pellegrini said his gesture showed he was unconcerned and unrepentant and uncaring about the grief and loss he caused. it was, she said, his message to america. defense lawyers have opted to give their opening statements when they begin presenting evidence, probably early next week. the jury must decide between life without the possibility of parole or death by lethal injection. to choose the death penalty, the jury must be unanimous. lester. >> pete williams in boston, thanks. a not guilty plea today from the tulsa, oklahoma reserve deputy who claims he mistakenly shot a suspect dead when he mixed up his gun and his taser. robert bates appeared on a second-degree manslaughter charge in court where he also asked permission to take a vacation to the bahamas which the judge approved. the victim's family says the judge sends a message of apathy. there's a massive recall tonight of one of the most popular brands of ice cream nationwide. millions of gallons of

blue bell being trashed and millions are being asked to check their freezers. fears about a potentially deadly bacteria prompting one of the widest recalls of a product ever. nbc's janet shamlian reports. >> reporter: one of the nation's most popular ice creams, blue bell, pulled from store shelves today. the company recalled 8 million gallons of ice cream, every flavor and every product it makes. frozen yogurt, snacks and sherbet. >> the last thing we want is someone consuming our products with doubt or the chance they'd get sick. >> reporter: sold in 23 states, the recall came after two samples tested positive for listeria. three deaths in kansas are linked to the oklahoma facility. the cdc's investigation shows facilities may have been contaminated as far back as 2010. in stores across the country the recalled ice cream is now filling warehouse freezers waiting for blue bell to come pick it up. listeria is an infectious bacteria carried by animals that can be

transferred to food like the milk used in ice cream and can live and grow in freezers. most serious in people with weak immune systems, the elderly, newborns and pregnant women. symptoms include muscle aches, nausea and fever. one in five infected can die. >> if you're healthy and exposed, you will likely not experience any major symptoms other than a mild gastrointestinal illness. >> reporter: within the last few months sabra hummus caramel apples were all recalled because of possible listeria infection. >> they can bring it back for a refund or throw it out. >> reporter: tonight as millions of gallons are trashed, blue bell says the shelves will stay empty until safety is guaranteed. janet shamlian, nbc news, houston. the chief of the drug enforcement administration is retiring amid scandal. michele leonhart has led the dea since 2007. but she has faced mounting criticism, especially since an inspector general report last month found that agents had sex parties in

colombia with prostitutes paid for by cartels. turning overseas where u.s. warships are shadowing an iranian convoy off the coast of yemen. the fear is that those ships are carrying weapons, and if they cross from international waters into yemeni waters, that could put the u.s. in a position where it would have to take action. chief pentagon correspondent jim miklaszewski has more for us. >> reporter: the u.s. aircraft carrier "theodore roosevelt" in the north arabian sea today stalking iranian warships but at a distance. just over the horizon two guided-missile frigates and two freighters. u.s. intelligence indicates that cargo ships are loaded with weapons for iranian-backed houthi rebels locked in a bloody civil war in yemen. but the iranian convoy is under constant surveillance by u.s. navy war planes and would have to break through a naval blockade of saudi and

egyptian warships. today, president obama told nbc's chris matthews the u.s. has already sent iran a stern warn. >> what we've said to them is if there are weapons delivered to i. >> what we've said to them is if there are weapons delivered to n. >> what we've said to them is if there are weapons delivered to g. >> what we've said to them is if there are weapons delivered to . >> what we've said to them is if there are weapons delivered to . >> what we've said to them is if there are weapons delivered to . >> what we've said to them is if there are weapons delivered to o. >> what we've said to them is if there are weapons delivered to >> what we >> what >> what we've & they could prob we're sending them very direct messages about it. >> reporter: for now the iranians show no signs of challenging the blockade, inching along at 5 knots just outside yemen's territorial waters to avoid any military confrontation with u.s. or coalition forces. officials here are confident the iranians have a plan they just don't know what it is. according to one senior official the iranians are not playing cat and mouse, they're playing chess which could give them

the advantage. after all, the official points out, iranians invented chess, lester. >> jim miklaszewski at the pentagon, thanks. the captain of the ship that capsized in the mediterranean saturday drowning at least 800 migrants is under arrest in italy tonight as investigators piece together what happened. the captain was one of just 27 survivors. the italian island of lampedusa has become a weigh station for thousands of desperate my grants, and our chief foreign correspondent correspondent richard engel is there tonight. >> reporter: around midnight these days the rescue boats come into port. this one had 92 migrants aboard plucked from a rubber dinghy. they're processed, bussed away and now in european hands. italy, especially in the south, has received more than 20,000 migrants so far this year. they're coming across these waters in record numbers. but the sea has been unforgiving. migrants have long tried to cross the mediterranean for europe, and it's always been dangerous. even when there's

little wind like today the seas can be quite rough in the deep water. but this year aid groups say 30 times more people have died compared to last year. abandoned by the roadside in lapaduse is a graveyard of ships. these are the wrecks that survived the journey. we came across a group of ethiopians. they arrived last week. so you came on a boat just like this? >> just like this. >> reporter: were you on deck or down below? >> yes. >> reporter: inside? >> inside. >> reporter: they left from libya, spent 25 hours at sea. >> very cramped. >> reporter: everyone's cramps like this. >> sure. >> reporter: so you had to -- show me. you had to hold your knees like this? oh, so you got in between each other's legs. the collapse of order around the mediterranean is driving migrants to seek a better life and sending many of them to their deaths. richard engel, nbc news, lampedusa, italy. we have a lot more ahead tonight including the story of

a brave little boy and his parents opening their home and their lives to share their story about what it means to be transgender. and later, the crowded house party as tv goes back to the future.

tonight, we're taking a closer look at something that's been getting a lot of attention recently, the subject of being transgender. we've seen adults share their stories on television shows and in magazines, but rarely do we hear from the youngest members of the transgender community.

tonight, our national correspondent kate snow is here with one family's very personal story. kate. >> lester, good evening. by some estimates there are 700,000 adults in the u.s. who are transgender. while we don't know the exact number of children, increasingly families are going public with what it means to be a transgender kid. 5-year-old jacob lemay is fierce. he loves karate and dogs and spaceships and playing with his sisters. so two sisters and you're the brother, right? >> yeah. >> reporter: were you always the brother? >> not always. >> reporter: what were you before? >> i'm their sister. >> reporter: how come it changed? >> because i wanted to be a boy. >> reporter: in the beginning mimi and joe lemay were raising three girls. but when mia was around 2 she started saying, i'm a boy. did you think it was a phase? >> i hoped it was a phase. >> reporter: mia learned to write her

name, but would immediately scribble it out, jacob still remembers. >> i didn't like to write that name. i wanted to write j-a-c-o-b. >> reporter: jacob? >> yeah. >> reporter: you already picked it out, right? >> you look beautiful right now. >> reporter: even something as simple as a haircut wasn't. >> what do you think, mia? >> i want someone to cut my hair, and i want it to be like that. >> reporter: mimi didn't know what to think. >> i even found him kind of poking at himself saying things like why did god make me this way? why did god make me wrong? i was confused and concerned. and i hoped that this obsession with being a boy would go away. >> reporter: but it only grew stronger. the lemays went searching for answers. >> her need to play boy roles and her need to be seen or spoken to as a boy at home became very persistent and very

consistent. those are the hallmarks of a possibly transgender child. consistence, persistence and insistence, and she was meeting all those markers. >> reporter: pediatrician dr. michelle forcier says gender identity is formed very early. >> it's not a fad or phase. and i tell parents though even though they may want to feel that. they probably knew they were a boy at 3, 4, 5 years old and that's a normal part of development. >> reporter: last spring the lemays went to disney world and let their 4-year-old dress aspirins charming. >> he was really happy in that moment. he was being perceived as he wanted to. >> reporter: after agonizing for years, mimi and joe said they knew it was time to listen to their son. >> i explained to him that we can bring you to a new school and everyone will know you as a boy from the beginning. right then he said that's what i want. >> he said i want to be a boy always. i want to be a boy

named jacob. >> reporter: and so last june they cut his hair short, asked family and friends to call him jacob and let him live publicly as a boy. he hasn't had any medical procedures, he's not on hormones. >> right. >> reporter: way too soon for that. >> way too soon for that. >> reporter: people are going to hear your story and think 4 is really young. >> uh-huh. but a mother's heart knows when her child is suffering. >> reporter: all of this is new terrain, but many doctors who work with transgender kids now support families making the transition at an early age. >> we have a long history of children who have been shut down and told, no, you can't be a boy. or, no, you're not a girl. we know those kids suffer. and there's a host of bad health outcomes and psychiatric outcomes. >> reporter: people who are transgender face a greater risk of anxiety and depression. and according to a 2011 survey, a startling 41% had attempted suicide. so would you tell parents in some ways

it's riskier to wait? >> absolutely. in fact, what i say the biggest harm is to do nothing. >> ultimately jacob has made that choice. in his mind and in his heart. >> uh-huh. >> it's whether or not we accept it or not. >> accept it, that's right. >> reporter: and now jacob says he's proud of who he is. what are you proud of about yourself? >> cause i'm a boy. >> you look really handsome. are you ready for today? are you ready for school? >> yeah. >> i want him to know how proud i am of him, how brave i believe he is and how no matter what i am in his corner. and i love him. and i always will. because he's my son. >> this really has been a journey for jacob and his family. they have a long time before they even need to consider whether he wants medical intervention. tomorrow we'll bring you the story of another transgender child who's a few years older.

>> that decision coming a lot quicker for that family. you know i was bombarding you with questions earlier. a lot of questions here. we know allotted of you have questions about that. earlier in this eg kate and the doctor answered questions on our facebook page. we encourage you to take a look and we have more information on our website, nbcnews.com. we're back with more in just a moment including a giant rock up for grabs tonight with a giant price tag to map.

the elevators that take you to the top of the new world trade center have an incredible view even if they don't actually have windows. on the 47-second ride up huge screens will now show you a time lapse of how the new york landscape has changed over 40 years from the swamping beginning to the metropolis it is today. after much discussion the creators did decide to include a

glimpse of one of the towers that fell on 9/11. and it's been called perfect and a miracle of nature, but even perfect miracles of nature apparently have their price. a 100 carat emerald cut diamond sold at auction late today for over $22 million. the quality is extremely rare though wearing it would probably be quite a workout. when we come back, everywhere you look classic tv shows are coming back for encores including this beloved sitcom. pasz maas

maas new again on tv these days with the rumored revival of "full house" now apparently a done deal. it's a good thing the tanner family from that classic sitcom is used to crowded quarters because they've got company, so many tv favorites coming back alongside them. here's nbc's joe fryer. >> reporter: the theme song alone will take you back 25 years. now "full house" is getting a 13-episode reboot on netflix. >> have mercy! >> reporter: confirmed by uncle jesse on "jimmy kimmel live." >> it's a labor of love and we've literally been trying for so many years to get it right and i think we've finally got it perfect. >> reporter: the new show called "fuller house" will focus on some of the kids all

grown up with kids of their own. and when it comes to tv comebacks, they're not alone. >> i'm agent molder. >> reporter: the "x-files" is returning after a 13-year hiatus. the list of resurrected tv shows is growing from the '90s comedy "coach" to the sci-fi saga "heros." >> as it becomes harder and harder to find a hit on television, i think people are taking a look back at the things that worked in the past. you have networks like renewing these like 20-year-old shows. >> reporter: not without challenges. >> this is -- excuse me, a damn fine cup of coffee. >> reporter: the fate of showtime's "twin peak" revival is as mysterious as the show itself as creator david lynch said he would not be directing. such projects come with risk and reward but when it comes to tv show encores right now -- >> you've got it, dude. >> reporter: -- it's a full house. joe fryer, nbc news. >> that will do it for us on a tuesday night. i'm lester holt. for all of us at nbc news, thank you for

watching and good night. right now at 6:00, here come the feds looking live across silicon valley which is now prime recruiting ground in the fight against cyberer crime. good evening and thanks for joining us. i'm jessica aguirre. >> and i'm raj mathai. many of the best and brightest minds in the world are here in the bay area and now so is the department of homeland security. the feds are taking the offensive against hackers who are increasingly targeting our smart phones. scott budman joins us with the latest efforts to keep you safe.

>> reporter: the secretary of the department of homeland security says he'd love to hire bay area tech workers and take them back to d.c. with him. instead he says he'll open an office here to help fight cyber crime. with so many of us doing and storing so much on our smart phones, the risk of private data loss has never been higher. >> the hackers are very sophisticated and they are getting in. >> reporter: which is why the department of homeland security says it will soon open an office in silicon valley. >> the government does not have all the answers, nor do we have all the talent by any means. cyber security must be a partnership between government and those of you in the private sector. >> reporter: step one, hook up with tech security companies here at the rsa security conference full of tools and ideas on how to encrypt or hide