>> glor: tonight, the tragedy on the track. a young driver killed, the man who hit him, one of nascar's best. >> as police investigate tony stewart's sits out, don dahler is in what kins glenn. >> some american diplomats are pulled from erbil as u.s. air strikes in iraq continue. >> holly williams is there. >> the come beaten by a police officer on the side of a california highway is speaking publicly for the first time. she sat down with carter evans. >> amazon's battle expands, it was up against a prominent publisher, and now it is disney movies. >> and one tree that grows 40 fruits, van aiken's on his stunning creation. >> there is something about it that is biblical. >> definitely. >>

captioning sponsored by cbs this is the "cbs evening news" >> glor: good evening, everyone, i am jeff glor, with the western edition of the broadcast. the annual nascar race adequate kins glenn is over tonight, a police investigation into what happened last night at another track in upstate new york is not. a 20-year-old driver named kevin ward, jr. was killed when he got out of his vehicle. he was run over by three-time nascar champion tony stewart. the video, if you have not seen it already, we will warn you can be tough to watch. we begin with don dahler. >> reporter: on the 14th lap of the super sprint race, kevin ward, jr.'s number 13 car was on the outside portion of the track, when tony stewart in the number 14 car squeezed ward into the wall. the 20-year-old spun out and blew a tire. >> ward then got out of the car and began walking along the track gesturing as stewart's car neared.

>> >> he hit him! >> medics arrived within seconds. ward who had been racing sprint cars since 2010 was pronounced dead an hour later. >> ontario county sheriff, is overseeing the investigation. >> there is no evidence in hand or no facts that would support a criminal charge or support criminal intent. >> reporter: but the incident raised question about whether stewart's actions were deliberate. he has had physical altercations with drivers in the past and his former sponsor home depot criticized him for his anger issues. >> jeff glock covers racing for usa today. >> does this fit in with tony stewart's on track reputation, as being an aggressive driver. >> i think she an aggressive driver but not like that. when they say aggressive driver maybe he is battling for position or blocking a guy but to take a guy out like that, i

don't -- you know, i think that is whole different level of classification. >> two years ago, stewart was angry after an on track incident and threw his helmet at a fellow driver. >> afterwards he made a statement that could come back to haunt him. >> not run over him and i learned my lesson there, i will run over him every chance i got from the, to the end of the year, every chance i got. >> he was involved in an incident last year at the same track. >> he only returned to racing in february after losing the rest of last season when he suffered a broken leg in a dirt track race. >> initially stewart's team manager said the three-time nascar champion planned to race at today's event at watkins glenn. >> he was quoted assaying business as usual, which angered some. >> the team later reversed positions. >> it was a very tough, very emotional time for everybody, that being said we feel that it was a group, as a group, tony will not drive today. >> this afternoon, tony stewart released a statement that read in part, there aren't words to describe the sadness i feel

about the accident that took the the, life of kevin ward, jr., my thoughts and prayers are with his family, friends and everyone affected by this tragedy. >> glor:. >> stewart was replaced by regan smith as driver of his car, stewart is not only a driver but also the multimillionaire owner of the team. he doesn't have to race those minor events but he does so, he says because he loves the sport. but, jeff, it is unclear taos when stewart will return behind the wheel of a race car. >> glor: don dahler, in watkins glenn, john, thank you very much. the u.s. today launched a fourth round of air strikes on the sunni militant group isis, the u.s. is also moving some diplomatic personnel from erbil, the kurdish capital under isis threat, holly williams in erbil has more. >> reporter: those stranded on a remote barren mountaintop in northern iraq. >> thousands of yazidis are homeless and hungry, after islamic militants seized their

town. >> faced with starvation and dehydration, more than 50 children have already died. >> the u.s. and britain have begun dropping food and water on the mountain, but for those still trapped, there is no way down. >> they are surrounded by violent extremists who call the land they have captured an i see islamic state. >> they are targeting iraqis who don't agree with their strict version of sunni islam. >> thousands in iraqi christians have fled to erbil, some to this abandoned building site. when isis militants took over their towns early on tuesday, they had just a few minute to escape, not enough time to gather their possessions. >> we cannot be exprotected. that is what happened. >> told welcome the u.s. air strikes, but believes they are not enough to save his home or

his country. >> >> he wants american soldiers to come back to iraq. >> yes, yes. they can take it over and we can live our life. a good life. >> >> reporter: and iraqi government minister claimed today that isis has killed hundreds of yazidis including some who he said were buried alive. and, jeff, he repeated an allegation that the militants have captured 300 young yazidis women as slaves. >> glor: holly williams in erbil, iraq, thank you. president obama is watching developments from martha's vineyards where winding up the first full day of his vacation, our chief white house correspondence is there as well. major, the president says this will be a limited engagement and also says it won't be finished in weeks so what is the president's strategy right now? >> jeff, both of these missions are open-ended as far as time is concerned, but there is one crucial element, no u.s. combat forces wil will be sent back to

iraq, air strikes will continue in and around erbil as long as isis forces threaten u.s. bernal nell or kurdish fighters, the fact that personnel were evacuated means the danger remains and erbil may have been over run if the air strikes did not start a few days ago, the humanitarian issue on the mountain will continue as as long as it is safe the them. >> the most important deadline in iraq is for the iraqi politicians to form a unity governments, those were dealt a severe blow hours ago when prime minister nouri maliki said he will seek a third term although the white house says it is his rule that brings iraq to chaos. >> prior to leaving for vacation the president was asked if he regretted not keeping some troops in the region, he got a lot of attention for how he responded. >> what is the latest reaction to that? >> he said it wasn't his decision. that the time gabriel and the overall orientation of urban, is policy to remove all u.s. combat

forces was set by president obama and maliki resisted mr. obama's attempt to keep a residual counter-terrorism and training force in iraq. >> the president calls this line of questioning bogus and historically inaccurate, republicans point out the president could have fought harder to keep some u.s. forces there, and his re-election fanfare heralding the end of the iraq war suggest to him the president was more interested in the political benefits of ending the conflict in iraq than looking out for the long-term interest of either iraq or u.s. interests in the region. >> major garrett, thank you very much. >> glor: i see president and hamas agreed today to a new 72 hour gaza cease-fire on terms proposed by egypt. israel says hamas fired 30 rockets out of gaza earlier today, palestinian officials say israeli air strikes killed 12 people, including the bodyguard of a hamas leader. >> hundreds have been evacuated after a storm slammed japan

today, tropical storm halong brought 60 miles per hour winds and killed at least one person, dozens more are hurt, those evacuated live near rivers which official feel may over flow because of heavy rains. officials in north carolina said today they will impose a quarantine of at least three weeks on returning missionaries who worked with ebola patients in west africa. the 0 outbreak in africa is growing worse by the day, and deborah patta has more tonight. >> medical organizations fighting to contain ebola across four west african nations are being stretched beyond their capacity. with nearly 1,000 dead and almost 2,000 infected, a leading health official in liberia told cbs news that they do not have enough beds to treat the ill. many infected people are being left to die alone in their villages. in some cases, the bodies of ebola victims are simply being dumped in the street. researchers believe they have not tracked down the start of the virus to a two-year-old boy from a remote village in guinea

who fell nil december last year, but it wasn't until march the mystery disease was identified as ebola. by then, dozens had been infected. and on the front line of the battle to contain the deadly virus, it is health workers who are bearing the brunt, scores have died, and the leader of liberia health workers association george williams says there are growing increasingly angry. >> >> reporter: the doctors working without borders told cbs news the disease continues to spread. he said they don't have enough staff or space to assist those infected with ebola and there is a very real fear they will have to turn patients away. the country a's countries affected by ebola already have

overburdened and addition functional health systems, they often don't have proper training or adequate protective gear as one doctor said it, the global health emergency is not enough, we need action, not words. debora patta, cbs news, johannesburg, south africa. >> glor: and iranian airliner crashed after takeoff from tehran today, killing at least 39. a handful of people reportedly survived the crash of that plane, which was assembled in iran from ukrainian design, iran blames a string of recent crashes on western sanctions that prevent the import of modern planes and parts. more protests tonight in a st. louis suburb after a police officer shot and killed an unarmed teenager this weekend. the local police chief says the officer had come under attack, julian johnson says many neighbors are not satisfied with that explanation. >> no justice, no peace. >> angry protesters march to front door of the police

department today demanding answers. just one day after a ferguson officer shot and killed 18-year-old michael brown. >> the fatal shooting happened when the officer encountered two men on a street saturday afternoon. >> they say one of the men pushed the officer back into a squad car and there was a struggle over the officer's gun. >> st. louis county police chief john belmar. >> there was at least one shot fired within the car, after that, the officer went -- came back out of the car, he exited his vehicle and there was a shooting that occurred where the officer, in fact, shot the subject. >> dorian johnson with was michael brown. he gave a different account. johnson says the officer pulled up next to the two teens and exchanged words with them before choking brown and trying to pull him into the squad car. the officer he says then exited his car, fired a shot and chased after brown who was running for his life. >> he shot a gun, my friend felt

that shot, he put his hand in the air and he started to get down, but the officer still approached with his weapon drawn and he fired several more shots. >> nearby residence rushed to the scene angered at what they say was an over reaction by the officer. tensions flared, some chanted kill the police, and others reportedly fired shots in the air. several local departments were brought in to help control the crowd, no one was hurt. >> u.s. attorney general eric. department of justice's civil rights division to keep an eye on any new developments in this case. the local branch of the naacp, they want an fbi investigation. now, the officer at the center of all of this has already been questioned. he has been placed on paid administrative leave which is standard procedure. >> for cbs news, julian johnson,. >> glor: up next on camera on this videoed is speaking publicly for the first time. the woman beaten. and the roller coast search left

passengers stuck in midair today. when the cbs news continues. >>

>> last month video surfaced of a woman beaten by a member of the california highway patrol. that woman is 51-year-old marlene pinnock, she was hospitalized but hadn't spoken about what happened until today. she sat down with carter evans. >> reporter: can you tell me what you remember about those moments? >> he just pulled me brutally, threw me down, started beating me, striking me, trying to kill me, trying to beat me to death, taking my life away. for no reason. i did nothing to him. i don't know why. >> marlene pinnock has spent the last month recovering, in july, she was tackled and punched repeatedly by a california highway patrol officer on a los angeles freeway. >> a portion of that incident was captured on camera by a passing driver. >> what is he doing that for? >> pinnock claims this is the

first time she has watched the entire 41 second video. >> i don't know what i did that day. >> but the video does not show what happened in the moments leading up to the altercation, and it is still not clear why pinnock who has been homeless for five years, was wandering on the freeway in the first place. >> reporter: what were you doing before confronted by that officer? >> pinnock's attorney kerry harper interjected. >> we realize there is an interest what she may or may not have been doing, but i am going to instruct her not to answer that question at this time. >> the california highway patrol took pinnock to a hospital for a mental evaluation. >> my hands were put behind my back and threw me in the car and drove off with me. >> the officer's report says pinnock ignored hised his oncom. after the video was made public, cph commissioner joseph farrow tried to calm community outrage. >> my response as well as the response of my entire command

staff was one of grave concern if not shock. >> that was the last public comment from the highway patrol. while the investigation continues, the officer has been assigned to desk duty. >> what do you want to see happen to this officer? >> fired. lose his job. >> when this was happening to you, did you think that people would believe you? >> the video footage helped to prove that what i am saying is the truth, and i am really grateful for that. >> marlene pinnock has now filed a federal civil rights lawsuit against the officer, her attorney wants him to face criminal charges. carter evans, cbs news, los angeles. >> glor: next, taking on disney, amazon puts a hold on orders on some home video releases. >>

hachette,.malificent. >> glor: if you are looking to buy a preorder of captain america winter soldier you won't

be able to on amazon.com, that's because the online retailer already in a dispute with a large book publisher has now apparently fallen out with the walt disney company. annemarie green has more. >> by withholding preorders for upcoming disney dvds like muppets most wanted and malificent, the most powerful online retailer has delayed millions of dollars for disney, it is a tactic the company has used before in other negotiations disputes like publisher hachette, now that spat has gone public. >> they are stephen king are best selling authors, those who signed their name to the ad in "the new york times", criticized amazon for delaying book shipments and removing the option to preorder certain titles. >> what is your take on these tactics? how would you characterize them? >> well, it seems small-minded and nasty. >> best selling authors like stephen king and pulse pulitzer

prize signed the letter. >> you download this sheet of stickers, it says i didn't buy it on amazon. >> peter hildick smith is the president of book research firm codex group, he says amazon may plan to use tactics like delaying deliveries to influence the larger retail i have. >> they are using the tools they have earned and the point is at what point are they using those tools a little bit too aggressively? and openly, again, it is about maintaining a balanced market. >> ]á where consumers benefit the most. >> friday amazon released a statement saying e books priced at $9.99 would encourage more sales and would be good for all parties involved, the pie is simply bigger, but for paul auster the issue goes beyond book sales. >> i think what they have been doing is underselling and they have been selling books at a loss in order to corner the market. >> ann sylvie, amazon drama continues, the latest chapter with disney. the retailer can only hope that

in the end, the audience doesn't lose interest and shop elsewhere. annemarie green, cbs news, new york. >> glor: a fighting incident at six flags in maryland today, a roller coaster called the joker's jinx stopped suddenly as it round add bend 70 neat the air, nobody was hurt but 24 people had to be rescued, it could have been even worse, the ride goes upside down four times. >> still ahead here, the tree of life, 40 different varieties on one tree. >>

finally tonight a professor at syracuse university has done something no one has seen before. he has grown one tree that will produce 40 kinds of fruit. his initial goal was to say something very old, ancient varieties of stone fruit turned into something entirely new. >> sam van aken's nursery is a workshop, laboratory, and easel

all rolled into one. and here he is at work on his masterpiece. a single tree that grows 40 types of fruit. this springtime rendering of what the blossoms will look like is getting attention worldwide. >> it is very flattering. it is amazing that you, sort of overwhelming, so there are will be a variety of blossoms earlier. >> van aken, an art professor at syracuse university grew up on a farm in pennsylvania. a few years ago he learned new york's agricultural experiment station, 125-year-old institution that preserves and produces fruit was going to rip up its entire stone fruit orchards so he set out to find a permanent home for varieties that trace back thousands of years. >> when i started, it was a mast matter of essentially collapsing an entire orchard down on to one tree. >> that was the practical application for this, that is what this tree is an entire orchard in one? >> yes, yes. >> actually it is a couple of

orchards in one. >> this is the first of the european plums, so that is an early laxton, an early laxton? >> yes, it is from england about 17 -- i think the 18th century. >> i feel historic. >> reporter: growing multiple stone fruits like peaches or plums on one tree is possible because what van aken does, perhaps better than anybody, is graft. >> so to start the tree you make a cut, you can see that i cut it so that these two pieces line up. >> in essence trick ago tree into adopting a new limb or in van aken's case, dozens of them. >> the tree of 40 fruit has been growing for nine years. 14 are installed around the country, most in public places like this one at the center of the syracuse campus. >> that is burgandy. >> alive and edible. >> his project has grown beyond expectations.

>> perfect. >> there is a pastor in norfolk, virginia that did a sermon and a big part of the sermon was using the tree of fruit as a symbol, and to me that was amazing that it reached that far. there is something about it that is biblical. >> oh, definitely. yes. i liken it to the tree of life. it is the beginning of a story. >> van aken says his eventually goal is to build entire groves of 40 fruit trees, especially in urban areas. >> that is the cbs evening news tonight. later on cbs "60 minutes", and first thing tomorrow, cbs this morning with jane pauley sitting in this week for gayle king. i am jeff glor, cbs news in new york, scott pelley will be here tomorrow. good night. >> captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org

firefighters on high alert as the threat of lightning looms over parts of northern california. a massive chain reaction crash involving a fire truck. tonight, four people are still in the hospital including two firefighters. and the 49ers first game on their new home turf. just a week away. tonight, santa clara is getting ready for football. kpix5 news is next. ,,,,,,,,

from live from the cbs studios. this is kpix5 news. storms swirling over the sierra. lightning strikes throughout the mountains. all television has cal fire watching the skies closely tonight. good evening. some wild weather in the sierra right now. and people are getting great pictures of it. take a look. one photo shin