the blockbuster $1.6 billion defamation suit against fox news set to begin today will rupert murdoch take the

stand? or will we see a last-minute settlement growing outrage in kansas city when an errand almost cost a black teen his life. a guardsman applies to be an assassin they've got the meats and the ice. it's tuesday, april 128. "early today" starts right now good morning, i'm phillip mena >> i'm frances rivera. there is outrage in akron, ohio after a grand jury decided against charging eight police officers over the shooting death of jayland walker. the 25-year-old black man was shot more than 40 times in late june last year while no gun was found on walker, the d.a. says he shot at police from his car during a chase after they tried stopping him for a traffic violation. walker later fled the car wearing a ski mask

minutes later he was shot. jesse kirsch start ths us off t morning. >> reporter: ohio's attorney general announcing the police officers will face no state criminal charges for killing a 25-year-old black man. >> grand jury concluded that the officers were legally justified in their use of force. >> reporter: walker's family outraged by the decision >> i wish you could have been in the home about 4:30 p.m. when i broke the news to the family i wish you could have heard and felt and seen the screams. >> reporter: authorities say last june police attempted a traffic stop before walker fled in his vehicle, firing at least once at officers before taking off on foot in a ski mask. authorities say officers twice tried stopping walker with a tracer taser. >> mr. walker reached for hir h

waist band in what officers called a cross draw action >> reporter: walker was hit roughly 46 times >> it was critical to remember that mr. walker had fired on the police and that he shot first. >> reporter: the officers have not been publicly identified the release of their body cam footage last summer sparked large protests here. a special grand jury reviewed evidence for more than a week according to the attorney general. seven of the nine jurors would have needed to find sufficient evidence to issue an indictment. >> by all accounts, this was a good man, a good person. with no prior criminal record. so he was not acting himself >> reporter: the city of akron calling for peace. >> we will protect our citizens' right to assemble, demonstrate and petition this government but

to do so peacefully. >> our thanks to jesse for that report after days of protests, charges have been filed in the shooting of a kansas city teenager andrew lester is accused of shooting a 16-year-old who rang his doorbell by mistake. attorneys for ralph yarl say the teen was asked to pick up his younger brothers wednesday and mistakenly went down the wrong street the man said "don't come back around here" and shot him. the mayor of kansas city reacted last night >> i've read the possible cause charging statement and probably the most heinous part is that the gentleman who shot -- i shouldn't say gentleman, just the criminal, the defendant, an 85-year-old man -- shot because he claimed he was scared of this black teenager, and i say a

black teenaged boy, not because of an insult, more because of the fact that this was a kid, a kid sent out by his mother to pick up his younger brothers the sort of thing that should be normal and routine and indeed is and in our community, tragically last week, it was something that could have taken this boy's life >> ralph yarl is a junior in high school, his teachers describe him as gifted in science and passionate about music. he's now recovering at home and he spoke with president biden overnight, who invited him to the white house once he recovers a 20-year-old woman was fatally shot after turning up the wrong driveway in upstate new york police say kaelin gillis was in the car with three friends looking for a friend's house in the rural area of hebron, new york on saturday night after mistakenly pulling into the wrong driveway, police say kechb monahan came out of the house and fired two shots. one of the shots struck gillis they then drove to the neighboring town of salem to get cell service and call for help

emergency responders performed cpr on gillis but she was pronounced dead. >> there was clearly no threat from anyone in the vehicles. there was no reason for mr. monahan to feel threatened, especially as it appears the vehicles were leaving. >> according to officials, monahan, who is 65, refused to come out of his house when overs arrived. is he charged with second degree murder and held in warren county jail today at so 10:00 a.m. eastn the supreme court is expected to issue a major decision on friday, supreme court justice alito temporarily blocked a texas judge's ruling that order the suspension of the fda's approval of mifepristone the justice department and the drug's manufacturer appealed the decision doctors who challenged the fda's approval of the drug have until noon today to submit responses to the high court.

the temporary stay blocking the abortion pill ban is set to, fire at midnight after a short delay, the highly-anticipated trial between dominion voting systems and fox news is kicking off today. the trial was set to begin on monday but was postponed on sunday evening amidst talk of a potential settlement between the two parties. stephanie gosk has more. >> reporter: the defamation trial against fox news getting off to a slow start. instead of opening statements, the judge pushing proceedings to tuesday. there were multiple reports of last-minute settlement discussions. the "washington post" citing two sources familiar with the negotiations nbc news has not confirmed the report dominion and fox are not commenting there is no word of a deal >> talking settlement on the eve of trial on the courthouse steps even after a jury's been selected is not uncommon at all. it happens all the time. >> reporter: the trial will likely last five to six weeks.

at the center of the case, 20 statements made on fox news. largely by network anchors and trump's legal team in the weeks and months following the 2020 election. >> it's where they were flipping votes in the computer system or adding votes that did not exist. >> reporter: dominion argued that fox news endorsed, repeated and broadcast a series of verifiably false, devastating lies against dominion. fox calls it a political crusade in search of a payout. sean hannity and tucker carlson could take the stand, along with rupert murdoch a court document included parts of murdoch's deposition. the mogul was asked t is fair to say you seriously doubted any claim of of massive election frd

murdoch answered yes he was also asked if he could have prevented president trump's attorneys from appearing on the network. and he add that he could have but he didn't. fox pushing back saying murdoch played no role whatsoever in the creation or publishing of any of the statements >> and our thanks to stephanie for that report. nbc news has learned that the los angeles district attorney's office has received the case of sexual assault against actor armie hammer according to a source familiar with the investigation, the lapd sent along findings related to allegations made in 2021, when a woman publicly accused the actor of physical and emotional abuse. the d.a.'s office confirmed that the lapd presented a case for them to look at, but they didn't specify which one. and it's unclear why it took more than two years for the d.a. to receive the case. an attorney for hammer declined to comment the tv and film industry is one step closer to grinding to a

halt after members of the writers guild voted overwhelmingly to authorize a strike they have been negotiating over major changes to writers' pay. demands include a hike in minimums and changes to how residual pay from streaming shows is calculated. the vote does not guarantee a strike but rather empowers union leaders to call one if the existing contract expires before an agreement is reached. storms> storms abreuwin' n o tuesday. >> we have a system we'll be tracking in the coming days. in the meantime, lingering snowshowers across the great lakes. there's the system i mentioned it will dip into the plains as we get into the later parts of today and we'll see afternoon thunderstorms firing up from wyoming to texas those will be general thunderstorms. the more severe activity is going to happen tomorrow and

into thursday. stronger storms for kansas, iowa and nebraska we could see damaging winds, large hail as well as some lubb. nor for new orleans, 78 with clouds overhead it's feeling like spring in some spots, others are sitting well below normal we have another temperature rollercoaster ride >> "early today" is back in 60 seconds with a new repor highlighting the racial and ethnic studies gap in higher education. and after expressing hit man amambitions, a an internatation guardsdsman could d face harard. don't t want to mimiss this sts. . don'n't want to o miss this s s. 'y made comompromises.

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an international guardsman is facing up to a decade in prison after prosecutors say he applied to become an assassin online, sending his credentials to a parody website called rent a hitman.com steven romo has the story. >> reporter: a tennessee international guardsman has been arrested and charged after allegedly trying to get a job as a hitman, and the website he tried using, rent a hitman.com the site posts glowing testimonials and a job application page to join one of the world's best problem resolution organizations but the site is all a parody many apparently lost on 21-year-old joe joh ernestosiah

garcia garcia sent an e-mail to the rent a hit man site writing, i'm looking for a job that pays well, related to my military experience shooting and killing the marked target so i can support my kid on the way adding, put me in, coach the complaint says the website's owner contacted the fbi and then an undercover agent reached out to garcia, acting as a quote, recruiter for rent a hit man court documents go on to say when he was asked if he was comfortable with take fingers or ears as trophies or performing torture at a client' client's r, he said if he's able he's willing. david shapiro says presenting opportunities to back out can make defending against such allegations more difficult >> i think that's where based on what i've seen, where his defense would be lacking, i

mean, fwegoes out of his way to demonstrate three's eager. >> reporter: garcia agreed to assassinate a mark for $5,000, receiving half of the money and asking if he needed to take a photo of the dead body as proof that the job was complete. at that point, fbi agents arrested garcia. he's now charged with the use of interstate commerce facilities in the commission of a murder for hire we've been unable to reach his family for comment, but commene he could face up to ten years in prison >> sending out slisolicitation, someone will fall tor it but like the comic ron white says, you can't fix stupid a new report is showing that very few four-year universities in the u.s. offer majors in

et ethnic studies just 3% of colleges offer majors in latino studies. the same goes for native american studies 9% offer programs in african-american and black studies and only 2% have majors in asian-american studies. a civil rights landmark is making a big move. the historic house served as a safe haven for martin luther king jr. and it will be moving from alabama to michigan it will be dismantled and shipped over 800 miles to dearborn, michigan where it will be put on display to the public at the henry ford museum the project is expected to take up to three years. fu mi > if you misissed bunctth haveve headlineses ♪♪e music c we hahave headlinines

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♪ ♪ no need to say i miss you. the original members of blink 182 played their first show together since 2014 at coachella over the weekend and the history making didn't some with the rockers. bad bunny became they became tht and artists are set to return over the weekend this is such a force in so many aspects of pop culturewhen it comes to music, fashion, all the influencers with their festival fits but it's so great to see blink 182 healthy and rocking it the way they started

marriage, everything >> chasing aliens or whatever. and it's great to see that coachella make history quite a bit. arby's is saying "we have the dice". they are rolling out a dungeons and dragons dice set with an arby's hat inside. they are restocking the supply the seven-piece set sold out within hours this week, just like it did when it was first released in 2021 these things on ebay are several hundred dollars. >> they look really cool i'm not really into arby's or dungeons and dragons, but it looks cool still ahead, angie is tracking an above-average warmup on the way for parts of the country. and tax day deals and discounts s that mightht relelie some o of the e stress for todas lalast-minute e filers for todas

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s shibet took first place for the second time in a row it was full of mixed emotions. runners celebrated the 26.2 >>reporter: that's what it sounds like to finish boston >> i love boston because the energy is truly unmatched. >> reporter: and this is what it looks like >> i feel great. i won't feel good in an hour >> reporter: exhaustion and celebration as 30,000 runners come down boylston each with their own reason pushing them through all 26.2. for joe burke, it's about showing his kids cahe can run ee though he's blind. to cal, it's about getting to run in the boston marathon's first-ever non-binary division >> for me, i've been wanting to run this my whole life and to do it in this w, way n ts

category means the world to me >> reporter: and for brendan peltier, getting to finish like he didn't get to do in 2013. >> i'm happy, great race couldn't be more thankful for the city i love my city >> reporter: the attacks on this race ten years ago and the lives lost that day, not lost on anyone here. >> you can't run more than three or four minutes without someone yelling out, you know, continuconmartin's name >> reporter: they define what it means to be boston strong ten years later. >> boston strong, be here forever. this marathon will be here forever, stronger than ever. >> so glad that boston, the state of massachusetts has that, patriots day, a holiday so everybody can be out and celebrate. really needed it for that ten years. >> can't believe it has been ten years, but to see the joy and the feeling of

self-accomplishment on all those faces, so well deserved. today is tax day and to help with the sting we've got deals to tell you about. from free sandwiches to discounted doughnuts restaurants like cheesecake factory offering $10.40 off $50 for all takeout orders, and boston market offering $10.40 off any family mile. for the sweet tooth, the krispy kreme assorted or original glazed will only have to pay sales tax for the second dozen if you didn't get the tax break you t a price break withgo

right now at 4:30, an upsetting loss. the warriors lose game two against the kings, and it is filled with plenty of drama, with fans still buzzing about