breaking news overnight. 15 years in prison. that's the sentence for ex-police officer roy oliver who is found guilty of killing 15-year-old jordan edwards. new details this morning. on the heels of white house counsel don mcgahn's departure, another bombshell as a second white house legal evening legal be gone in 48 hours. farewell to an american patriot as the family of senator john mccain mourns his death and celebrates his life, we're learning that one very prominent political name was not invited to his funeral. to a new york style street fight of a debate between two-time governor andrew cuomo and challenger cynthia nixon from "sex & the city" fame. after saving his life, the son follows in dad's footsteps

in one of the most dangerous cities in all of america. "early today" starts rights now. >> good morning. i'm marlie hall. >> and i'm phillip mena. we begin this morning with breaking news. the former texas police officer convicted of killing an lrnedis fate. roy oliver was sentenced to 15 years in prison and fined $10,000 for the shooting death of 15-year-old jordan edwards. oliver was convicted of murder in the 2017 shooting on tuesday after responding to a house party, oliver opened fire on a car leaving the home, fatally shooting edwards who was in the passenger seat. >> at trial, edwards said he fired because he thought the car was trying to hit his partner. but the partner testify head nefa the edwards' family stern said while that i would have liked a longer sentence that. >> respect the jury's position. oliver's attorney says he will file an appeal. new concerns this morning about dangerous drugs getting

behind bars at america's prisons. in ohio, police confirmed with our nbc affiliate overnight that a combination of heroin and fentanyl caused an inmate overdose at ross correctional institution. more than required medical attention. a similar scenario forcing pennsylvania to put all its state prison on lockdown. tom costello has more. >> reporter: at the albion state prison in pennsylvania to hazmat teams called in to clear an entire cell block, five staffers sick after escorting an inmate thought to be under the influence. since early august 29 state employs have been sickened. a strt including synthetic cannabinoid have net their way into state prison. employees required to wear gloves and all visits suspended. meanwhile, across the state line in ohio, an emergency hospital

triage today after 27 staffers and two inmates were sickened at another prison. hannah riley was inside the prison, hoping to visit her fiance. >> i didn't know what was going on, if he was okay or if he was dead or alive and i still don't know. >> suspecting an opioid overdose, emts issued narcan before rushing through to a local hospital. >> the folks that were exposed to the substance came in unconscious and not breathing. so they couldn't control their airway. >> corrections officers believe the drugs are being mailed or smuggled into the prisons. simply touching anyone or anything that's been candidate causeillness. tom costello, nbc news. a judge dismisses all charges against a group of suspected muslim extremists. those men and women accused of starving 11 children on a remote compound where one child was found dead. even more disturbing, prosecutor says these kids were being

taught to carry out school shootings. nbc's miguel almaguer reports. >> reporter: in taos, new mexico, all charges dismissed against the suspects accused of child abuse and alleged terrorism at a secret desert compound. the charges dropped on a technicality after prosecutors failed to meet a preliminary hearing deadline. >> the rule is very clear that if somebody is in custody and ten days goes by, that the district court shall dismiss the matter without prejudice. >> the district attorney refiling charges against two of the suspects, including conspiracy and abuse of a child resulting in death. this just after prosecutors submitted a handwritten document seized from the compound titled "phases of a terrorist attack." the dismissal a shocking turn of events in a case that started with a dead child and an alarming threat. five suspected muslim extremists accused of abusing 11 children while training them to use an

assault rifle for future school shootings, according to court documents. the raid on the compound has been plagued with problems. investigators say this is where they found 11 starving children and the body of a 3-year-old hidden in this underground tunnel. the fbi, prosecutors, and the sheriff's department all refusing repeated requests by nbc news to answer questions about the handling of the case, including why nbc's gadi schwartz was able to walk among the piles of potential evidence like large amounts of ammo or body armor that were left behind uncollected, or why a court order resulted in the compound being destroyed, including the underground tunnel which is now buried in rubble. many fear the suspects will soon be released back into the community. miguel almaguer, nbc news. president trump is pointing the finger at china for setbacks

to nuclear talks with north korea. the white house claiming the country's putting pressure on kim jong-un's regime to stall negotiations because of their ongoing trade dispute. it comes amid conflicting messages from the president and his defense chief about whether the u.s. will resume war games with south korea. nbc's susan mcginnis joining us live with the latest on this. good morning. >> good morning. this is a far cry from president trump's declaration earlier this summer that north korea no longer poses a nuclear threat. talks have broken down. the planned visit by secretary of state mike pompeo has been canceled, the president saying we are not making sufficient progress on denuclearization. defense secretary mattis is warning those joint military exercises with south korea could resume, something north korea does not want, although the president said later he does not see any reason for that. amid of all this, the president continues to out the his warm relationship with north korean leader kim jong-un, and blames

this impasse on china. >> i think we're doing well with north korea. we'll have to see. i think part of the north korean problem is caused by our trade disputes with china. >> the president says china is not pressuring north korea enough on the nuclear issue and has given them significant aid including financial and commodities. though he still describes his relationship with the chinese president as a very strong bond and expects that all of this will resolve itself. phillip? >> susan mcginnis, thank you. saying goodbye to an american hero. thousands lining up well into the night at the arizona state capitol to pay their final respects to senator john mccain. the line stretchfo with mourners undeterred by the day's blazing heat. several of mccain's children returning to the building late last night, shaking hands with the last of the visitors. as the week of tributes leads up to mccain's funeral, we're nowe.

sarah palin was mccain's running mate in the 2008 presidential election, but sources for both families tell nbc news the former alaska governor is not invited. a source close to the palin family telling kelly o'donnell out of respect to senator mccain and his family, we have nothing to add at this point. in the wake of mccain's death, some lawmakers have suggested renaming the russell senate office building after the senator. google maps apparently getting ahead of itself, briefly displaying the building's name as the mccain senate office building. it has since been corrected. nbc's peter an >> reporter: at the arizona state capitol for the celebrated senator and statesman, a final salute. john mccain's wife flanked the somber procession. s flag-draped casket leading mccain just the third person to lie in state here in the past 40 years. >> imagining arizona without jo's jhncct not natural.

grieving family, the void is >> reporter: for mccain's deep. mrs. mccain saying goodbye. daughter megan overcome. despite withering heat, thousands coming here to pay their respects. >> whether you're republican, democrat, it never mattered. he has always been my moral compass. >> service members and veterans arriving early to honor one of their own. >> john mccain to you was much more than a politician? >> he was brother. >> reporter: on this day when the former p.o.w. would have turned 82, a long-time aide saying only senator mccain could rig a big birthday celebration for himself like this. how should we remember john mccain? >> by being krcogning the human oppoar, more in common than we do differences. >> later a church service here in phoenix before mccain returns to washington for the last time. >> thank you. let's turn itkarins. bill, first of all, good

morning. it's late aughust. we know it's supposed to be hot. >> it's been a little long duration heatwave. it's ending in many areas as a cold front system cog through. it's still muggy air mass. that's why we get the hurricanes that's a lot higher than the actual temperatures. the feels-like in raleigh will be 100. dallas about 101. unfortunately, that front kind of stalls out. and even into friday we keep the southeast pretty right throug0s iou ake or pool oret them. in north texas plain old hot. and phoenix reporting in at 104.

i love cool lobster stories. this fisherman in maine hauled in the rarest of rare lob centers. you may think blue. no! it's known as the ghost lobster. it has this rare iridescence lobster look. it's a genetic condition that took away its natural dark color tochltds of catching a white lobster, 100 million to one. the lobsterman says the find was too small to keep. soof taking photos, he tossed it back in. >> how about that? that's one way to save yourself. just be translucent. thanks. just ahead, the millennial dream. how i don't can get paid for. and sparks in the city. cynthia nixon takes on the governor in new york. slow and steady and works all day and night like the body's insulin. (vo) tresiba® is a long-acting insulin used to control high blood sugar in adults with diabetes. don't use tresiba® to treat diabetic ketoacidosis,

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candidate is already coming under fire, accused of racially charged comments against his opponent. nbc's hallie jackson gives us a closer look at the controversy. >> reporter: in a race that's barely begun, controversy already. >> you know, he is@an articulate spokesman. >> republican congressman ron desantis referencing his democratic opponent, the first black major party nominee for governor in florida history. >> the last thing we deed knead to do is to monkey this up by a agenda. >> reporter: almost immediately, backlash to that phrase. >> "monkey thiup". >> reporter: the florida democratic party calling it disgusting that desantis is launching his general election campaign with racist dog whistles. desantis' campaign insists the candidate was obviously talking about florida not making the wrong decision to embrace the socialist policies thy gillum e. >> we're better than this in

florida. i believe the congressman can be better than this. i regret that his mentor in politics is donald trump. >> reporter: gillum, the tallahassee mayor is the progressive democrat who shocked the establishment with his upset win. desantis has the support of donald trump. >> make america great again. >> reporter: the president ominously worning what could happen if the gop loses big in the mid interprets, telling evangelical supporter, political opponents will overturn the administration's progress quickly and violently, and referencing an extremist movement, adding when you look at antifa, and you lookenteople >> well, i just hope there won't be violence. >> reporter: the president responding to criticism about the comment. >> there is a lot of unnecessary violence all over the world, but also in this country. and i don't want to see. >> reporter: the president also yesterday here at the white house was asked about that controversial "monkey this up" comment down in florida. he said he had not heard the

remark, but went on to praise congressman desantis as extraordinary and someone who ran an incredible campaign. phillip, back to you. >> all right, thank you. sparks fly in the democratic primary debate for new york's gubernatorial race. current governor andrew cuomo facing a fiery challenge from cynthia nixon who is best known for her role on the tv show "sex & the city." they clashed on everything from the subway system to legalizing marijuana. but nothing got them quite as fired up as president trump. >> new york should be the state where we say we are the alternative state to donald trump, and we're not going let him bring his extreme conservative politics to this state. it ends in new york. whether or not america was great, and you backed down pretty quickly. you stood up to him about his well as he standsputin. >> nixon is currently trailing in the polls, but her team has polls on september 13th.

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♪ you say [ applause ] >> that's definitely not going to happen. >> hey, not bad. prince harry on stage with the london cast of "hamilton" last night as he starts to belt out a tune from the hit show.

the prince and his wife meghan markle joined creator lin-manuel miranda for a special performance to raise money for children affected by hiv in any role either musical there. so good. today's news by the numbers, aaron rodgers, he's now the ayl's highest paid quarterback agreed to a four-year extension worth $434 million withmillion will change college football teams to play a guaranteed game. that's money paid to smaller programs who usually serve larger schools looking to fill their stadiums while also getting that impressive first victory. finally, loma linda da university in california is offering $300 to anyone willing to eat avocados for weight loss. you have to eat one avocado a day and have to be over 26 years old. >> i'll do that. i love avocados. a family affair.

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neutrogena®. the world is full of different hair. that's why pantene has the perfect conditioners for everyone. from air-light foam,se. we give more women great hair days - every day. pantene. . like father, like son. one of chicago's newest police officers has only been on the force officially for a little more than a day, but he's already saved a life, his own dad's, who happens to be the city's top cop and his new boss. here is nbc's kevin tibbles. >> reporter: partners on foot patrol, partners in life.

>> can you send a car. >> reporter: chicago's top cop, endent eddie johnson introduces 26-year-old son daniel to the streets. >> i'm very proud. you know, really, i don't think they have a word to describe how i feel about it. but i'm still a dad also. i'm extremely proud. i still worry about him. >> reporter: daniel is now posted to the same southside station where his father started 30 years ago. he was a teacher before changing direction, graduating from the police academy. >> i actually grew up here in this neighborhood. so you can make it. this neighborhood was good to me. so i want to be good to it. >> reporter: and there is a deeper bond at work here. one year ago, daniel donated a kidney to help save his father's life. session, i was dad, look, you gave me life so the least i can do is try to prolong yours. >> once i found out i was a match, well, i was probably meant to do this. so it's time to go.

>> reporter: but as he makes the rounds, he knows who is watching. you don't want any favors? >> no, not at all. >> i told him, i hate to tell you this, but it's going to be harder for you because i want to make sure you get what you need to prepare you for the streets of chicago. >> reporter: in chicago, to serve and protect is a family affair. kevin tibbles, nbc news, chicago. . >> as someone who has a father who is in need of a kidney transplant, i admire anyone who is willing to go and donate to help save a life. >> awesome. and they have a great bond. i love that. >> great story there. for the past few day, sweltering heat greeted anyone who stepped foot inside the billie jean king tennis center, and yesterday was no different. temperatures soaring past the century mark at the u.s. open. a digital thermometer on the court registering 114 degrees down there, but you know who can handle the heat? venus williams. she took care of business on center court by beating camila giorgi in straight set, 6-4,

7-5. then it was her ltl packed crow serena williams powered her way pastillis sisters are set ge third round. by the way, serena leads this series 17-12. the first ever tennis match i ever saw, venus and serena three years ago right here. it's going to be another classic right here. >> i don't know. the heat might be an advantage for them. have a great thursday. i'm marlie hall. >> i'm phillip 4:30.

good morning and thank you for joining us. we begin with breaking news at 4:30. good morning, and thanks for joining us. i'm laura garcia. >> i'm marcus washington. we're learning of a man shot while driving on 680 in the south bay. bob redell is live for us. do we know what started this? >> we don't. not as of yet. the investigation is still really early right now.

marcus, we can tell you that chp has shut down northbound 680 between alum rock and berryessa as they investigate the shooting. they're looking for evidence that is going to affect the morning commute here in san jose, and they're trying to find out who shot the driver of this black honda a