tom brady vows to fight the nfl over his four-game suspension. the super bowl winning quarterback is punished by the league for what investigators say was his role in the deflate-gate scandal. storm threat. more severe weather and potential floods could strike in texas in the same areas hit by a string of deadly storms. a florida man is not charged after firing a shot at george zimmerman during a road rage incident. the latest in a series of high profile disputes for the former neighborhood watch volunteer acquitted of murdering an unarmed black teenager. and the results are in for the toughest crash test yet for midsize suvs. which brand of the popular vehicle provides the best safety

and which didn't hold up? captioning funded by cbs >> this is the "cbs morning news" for tuesday, may 12th, 2015. good morning, good to be with you, i'm anne-marie green. we have breaking news of another massive earthquake rocking nepal this morning. the usgs says the 7.4 magnitude hit close to mt. everest near the chinese border. at least four people were reported dead. the quake was followed by two powerful aftershocks. nepal is recovering from a devastating quake that killed more than 8,000 people just over two weeks ago. shock waves this morning were felt as far away as new delhi. and it's another day of potentially severe weather in the southern plains. a string of powerful

thunderstorms is expected to develop into texas and into the mississippi valley. damaging hail and another round of tornadoes is possible. flash flood watches are posted in texas, oklahoma and arkansas. a line of tornadoes roared through texas and arkansas sunday. at least five people were killed. don champion is in hard hit texas. good morning, don. >> reporter: good morning, anne-marie. the deadly tornado in van has all but changed life in the tiny town of about 2600 people. the cleanup effort will continue there for a second day in a row, even as the threat of more severe weather looms. rescue crews in van, texas continued search efforts into the night, even though everyone is accounted for, cadaver dogs are being used to scour debris just in case. >> with the amount of damage that we suffered it's important that we check and we recheck what we've done, just to be sure we don't miss anybody. >> reporter: the powerful ef-3 tornado leveled about a third of the tiny town. killing 60-year-old david tapley and his wife brenda. the couple moved to van after

retiring. in the quake of the storm, victims are trying to recover what little they have left. police put a curfew in place and have set up check points. >> i've seen a bunch of folks here today that i've never seen before. and they may be here looking for an opportunity. >> reporter: in neighboring arkansas where an ef-2 tornado hit, many people are coming together. in the town of nashville, a good samaritan handed out hundred dollar bills to storm victims. >> it's good. i mean, i know it's not a whole bunch of money, a lot of money, but it helps. it's going to help my sister and her kids. >> reporter: even more severe weather threatens to hamper cleanup efforts later this week. now, flooding is still a major concern in this region. some places have seen 11 inches of rain in just a matter of a few days. flash flood watches are posted for much of the area. on a related note, a united airlines flight safely made an emergency landing overnight in san antonio, after being struck

by lightning. anne-marie. >> don champion in lindale, texas, thank you, don. the new england patriots never thought they'd start with jimmy garappolo at quarterback. but unless brady wins an appeal in the alleged football deflating scandal that may be the case. brady's agent called the punishment ridiculous. he attacked the credibility of the nfl and a report that implicated brady. danielle nottingham reports. >> reporter: new england patriots quarterback tom brady will sit out the first four games of the 2015 season suspended without pay, for his role in the deflate-gate scandal. last week, an independent investigation found that brady likely knew the patriots deliberately violated nfl rules by using underinflated footballs during january's afc championship game. in a letter to brady, nfl executive troy vincent told the four-time super bowl champion the report established that there is substantial and

credible evidence to conclude that you were at least generally aware of the actions of the patriots employees involved in the deflation of the footballs. brady's agent says he will appeal the punishment saying, quote, i am very confident the wells report will be exposed as an incredibly frail exercise in fact-finding and logic. >> the verdict is in to a certain degree, but this process is far from over. if you paid any attention to the nfl in recent years, things tend to get very interesting through the appeals process. >> reporter: the report also named two patriots team officials. locker room attendant jim mcnally and equipment assistant john jastremski. the patriots have already suspended them without pay. and they cannot be reinstated without permission from troy vincent. the patriots were also fined $1 million and will forfeit two draft picks. the defending super bowl champs are scheduled to open the season now without their star quarterback on september 10th. danielle nottingham, cbs news, los angeles.

>> well, in a statement, patriots owner robert kraft said the deflate-gate investigation was one-sided. kraft said the punishment far exceeded any reasonable expectation and that brady has the team's unconditional support. brady's running back legarrette blount tweeted this is absolutely ridiculous. but arizona cardinals defensive back patrick peterson wrote, well done, nfl. now, one of the police officers gunned down during a traffic stop in hattiesburg, mississippi, will be buried thursday. yesterday, a memorial service was held for officers benjamin deen and liquori tate. more than 1,000 people attended. later four suspects charged in the shooting appeared in court. marvin banks, the suspected gunman, faces two counts of capital murder. george zimmerman, the florida neighborhood watch volunteer acquitted of killing unarmed teenager trayvon martin

has been involved in another road rage shooting incident. this time zimmerman narrowly missed getting shot. so far no charges have been charged against zimmerman or the alleged gunman. our orlando affiliate wkng has details. >> reporter: matt apperson would not explain why he shot at george zimmerman marking the second confrontation between them. police impounded zimmerman's truck as they investigate the mid-day shooting. a bullet pierced the passenger side window, missed zimmerman's face and lodged in the truck roof. zimmerman had minor injuries from flying glass. his attorney said the shooting was an unprovoked ambush that began when apperson saw zimmerman on the road flashed his lights and honked his horn. >> he was taunting him, like what are you going to do shoot me now? sort of thing. i don't know if it was a reference to the prior incident or other events. it was clear with george he was with the same person that he had the problem with several months

before. he followed and flashed and then ultimately shot at him. >> reporter: in september, apperson claimed zimmerman threatened to kill him in road rage but did not display a weapon. in this latest incident, apperson has claimed self-defense, but his attorney would not detail how the conflict began. >> he was not looking for trouble. he did not want trouble. he's not following george zimmerman around. he's not wanting anything to do with george zimmerman. the automobile is also a deadly weapon under florida law. there was a threat that was perceived and that's how he reacted. >> reporter: zimmerman's attorney said he now lives out of state and will remain in central florida during the initial investigation. for cbs news, lake mary, florida. this morning, lawyers are preparing for closing arguments in the penalty phase of the boston marathon bombing trial. dzhokhar tsarnaev's lawyers rested their case, monday, in their efforts to save him from execution.

death penalty opponent sister told jurors tsarnaev expressed genuine sorrow for the victims. she has met with him five times. secretary of state john kerry has arrived in russia this morning. the state department says that he will meet with president putin, though russia isn't confirming that. it's kerry's first trip to the country since the start of the ukraine crisis in 2014. talks are expected to cover the wars in ukraine and syria and iran nuclear negotiations. well, coming up on the "morning news," a grinding halt, a plane makes a dramatic landing on its belly sending sparks flying. and fender benders. some of google's self-driving cars run into a little bit of a problem. this is the "cbs morning news." of a problem. this is the "cbs morning news." that moving more helps ease fibromyalgia pain. he also prescribed lyrica.

for some patients, lyrica significantly relieves fibromyalgia pain and improves physical function. with less pain, i feel better. lyrica may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression or unusual changes in mood or behavior. or swelling, trouble breathing rash, hives, blisters, muscle pain with fever, tired feeling or blurry vision. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. fibromyalgia may have changed things. but with less pain, i'm still a doer. ask your doctor about lyrica.

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bursted into flames near boston on monday. the force popped off the windows. no one was hurt because the driver had pulled over and evacuated the bus after smelling smoke. the driver and 47 passengers got off before it was engulfed. the cause is under investigation. 43 passengers and crew are safe this morning after a hard landing at los angeles international airport. the plane's left main landing gear failed to extend. jeff wind shows us the emergency landing caught on camera. >> reporter: passengers were told to put their heads down and brace themselves as united flight had to make an emergency landing. you can see is a trail of dust streaking across the runway as the left wing scraped the ground at l.a.x. then sparks shooting from the tip of the wings. here's a part of the transition between the pilot and the control tower.

>> is it 5316 with a speed of 180 is it the right or left gear? >> speed 180 it's gonna have to be right. >> they powered twice to make sure the wheels were up and down and then it was going to go over the ocean and make the next pass and come in. >> reporter: from above, you can see the passengers calmly walk out as the plane came to a stop. this is cell phone video of a passenger after he was safely on the runway. you can hear the firefighters are praising the crew. firefighters tell us they chose to not spray the runway with fire-retardant foam. >> there was no fire on board, there was no fuel leaking. >> reporter: passengers say they could hear the landing gear and the wing grinding against the pavement for about 30 seconds. >> i would say it was smoother than some of the landings i've had with all of the landing gear down. >> that's our los angeles station kcbs reporting.

the ntsb and the airlines are investigating. straight ahead, suv safety. we will show you which popular midsize suvs performed the best in crash tests. and later, trying on clothes without the fuss. new virtual dressing rooms come to big department stores. >> announcer: this portion of "cbs morning news" sponsored by vagisil, the experts in intimate health. vagisil, the experts in intimate health. are you so congested... it feels like that brick's on your face? try zyrtec®-d to powerfully clear your blocked nose and relieve your other allergy symptoms. so you can breathe easier all day. zyrtec®-d. find it at the pharmacy counter. in my bakery, i see customers every day. but some days, i felt like all they saw was my acne, not me. i couldn't believe i still had acne.

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the country. google is opening up about the safety record of its self-driving cars. the company says they have been in 11 minor traffic accidents over six years. and google says it's driverless cars have never been the cause of an accident. midsize suvs are among the country's most popular vehicles, but some are safer than others. just 3 of 7 performed well in new crash tests out this morning. chris martinez shows us the results. >> reporter: the nissan morano earned a good rating from the insurance institute of highway safety. the morano protected the best, out of the seven suvs tested in its latest round of crash simulations. >> the air bags did what they're supposed to do to keep out of

harm's way. >> reporter: the ford flex and the jeep wrangler four door also received high marks for safety. >> automakers are making changes to provide better protections in these kinds of crashes. >> reporter: the institute tested what happens when the vehicle's front corner collided with another car or object. analysts say it simulates the most common type of crash. >> when you look around in junk yards that have been in crashes, you rarely see the kind of damage that occurs from a flat wall. >> reporter: but not every vehicle held up well. the dodge durango, jeep cherokee and hyundai santa fe got worse ratings. the dodge omni was the worst in the group. >> high forces on the left leg especially. the institute says many automakers have made safety improvements particularly to air bags and the front structure us of their vehicles. chris martinez. cbs news, los angeles. when we return, the high price of high art. and jaw-dropping bid at auction

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four people are dead after another powerful earthquake.... plus-- silicon valleys largest water district announces new drought rules what customers there are being ordered to do for the first time in 20 years... a new report reveals that there's damage at the base of the bay bridge... how transit officials plan to fix the prooblem. join us for kpix 5 news this morning... beginning at 4:30.

here's a look at today's forecast in some cities around the country. an anonymous bidderis the new owner of the most expensive artwork ever sold at auction. pablo picasso's "women of algiers" set the new record monday. the painting told for nearly $180 million at christie's in new york. it's one of a vibrant series that picasso created in the 1950s. on the "cbs moneywatch" apple pay sets its sights on china and upscale department stores try out new high-tech fitting rooms. jill wagner is at the new york stock exchange with that and more. good morning, jill.

good morning, anne-marie. royal dutch shell received considerable approval to drill gas. shell was given the green light by the bureau of ocean management and still must obtain other permits. it's a major victory for the oil and gas industry. environmental groups blasted the decision. shell plans to drill up to six wells beginning this summer. stocks on wall street edged lower because of a drop in oil prices. the dow fell nearly 86 points, the s&p lost 10. and the nasdaq finished more than 10 points lower. apple in talks with chinese e-commerce giant alibaba to bring apple pay, its mobile payment system, to china. apple pay allows customers to buy goods by holding a mobile device up to readers that merchants install. analysts expect china to become apple's biggest market. in the first quarter of this year, for the first time ever, apple sold more iphones in china than in the u.s.

and,anne-marie, how would you like a fitting room without getting undressed? a handful of stores including neiman marcus and nordstroms are trying out the high-tech dressing rooms. a smart mirror is the center piece. some models you see you looking at an outfit without trying it on. the technology allows stores to gather as much information about customer preferences as online retailers. anne-marie. >> love it, jill wagner at the new york stock exchange, thanks a lot, jill. in sports now, basketball's best team avoids falling into a 3-1 series hole in the nba playoffs. mvp stephon curry scored 33 points to lead the golden state warriors to a 101-83 win over memphis. and here's something chicago cubs fans hope to see for years to come. rookie sensation chris bryant drills the first homer into the left field bleachers at wrigley

field. and on the next pitch, anthony rizzo homers into the right field seats still under construction. the cubs top the mets 4-3. this is the "cbs morning news." the cubs take it 4-3. this is the "cbs morning news." ...in just 30 minutes. in fact, nothing works faster. so blow away nasal congestion, fast, with claritin-d. in this moment your baby is getting more than clean. your touch stimulates her senses and nurtures her mind. and the johnson's® scent lather and bubbles help enhance the experience. so why just clean your baby when you can give her so much more™? these little angels build in softness. and these little angels build in strength. and that little angel says "weeeeeeeee!" 60% more sheets than charmin. everything you want and the value you love. angel soft. ♪ ♪ with ingredients like roasted hazelnuts, skim milk and cocoa,

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in columbia, missouri, passengers had to find another way to get to dallas after their plane got stuck in the mud. the american eagle flight was taxiing to the main runway monday when it made a turn and left the pavement. no one was hurt but the incident forced the airport to halt all flights to early this morning. two new york city restaurant workers are $50,000 richer this morning, thanks to the generosity of a loyal customer. art collector robert elsworth left each of the women the five-figure sum in his will. he ate at their manhattan steak hois as many as seven times a week. >> i'm like oh, my god, no. i'm shocked. shocked with disbelief. i did not expect it at all.

>> elsworth refused to the two workers in his will by their first names only. he amassed that by artwork. and we are coming to the end of an era here at cbs. david letterman is in his final days as his time as host of "late show." some of david's favorite guests are sending him off in retirement. last night, radio shock jock howard stern made his last appearance. >> i'm not going to get all sentimental, as far as i'm concerned, thank god you're leaving. [ laughter ] >> you know really these appearances, they cause a lot of angst. i'm here to announce my retirement from this show. [ laughter ] which is great, finally. >> how many times have you been on this show, 20 something, 24, 25? >> i'm sure it could have been a lot more. but i stopped doing it a lot. i didn't want it to turn into regis like some ridiculous number like 175 appearances.

>> and departing gifts he gave david letterman a picture that he painted himself. and later, he tried to give david a personal farewell. >> wait a second, come over here. come over here. is this good-bye? is this our final time together? >> no what are you going to do? >> come here. [ laughter ] [ laughter ] >> come here, come here, come here. [ applause ] >> no! ♪ >> no! >> kiss me now, kiss me now. ♪ >> that's great. there are just seven episodes left before letterman hangs it up for good. tonight, president bill clinton makes his tenth and final "late show" appearance. it's right here on cbs. beginning at 11:35, 10:35 central. well coming up after your local news on "cbs this morning," reaction to tom brady's suspension in the deflate-gate scandal. we'll hear from sportscaster jim

gray. plus a new campaign today about warning people of moving company fraud and how your property can be taken hostage. and singer pat benatar joins us in the studio with her new album. that's it for this tuesday. thanks for watching. i'm anne-marie green. have a great day.

12 i'm michelle griego. taking a look at the bay bridge this very early morning. more problems for the bay bridge with some water, we're

gong going to have an update on that in just a bit. good morning everyone, it is tuesday, may 12th. i'm michelle griego. >> hi everyone, i'm frank mallicoat. it is 4:30. and we're going to let our weather gal kind of get everything together here. we'll say good morning. good morning. >> a little -- >> malfunction? >> yes. >> bay bridge? we got the microphone. >> invisible one right now. hey what we want to talk about this morning is a very breezy conditions. we have wind gusts right now up to 30 miles per hour and temperature-wise, into the 40s and 50s. it's going to feel like another raw day with the winds and temperatures today topping off 50s and 60s up to about 72 degrees. full forecast straight ahead but first here's liz. and we want to show you a live look at traffic heading near the dublin interchange. yes, it's already pretty crowded this morning heading through the dublin grade and it's a good thing they jostlerred the -- cleared the overnight roadwork. westbound and eastbound through the livermore valley. caltrans crews are still out there blocking lanes, we'll show you where. kcbs traffic coming