>> i therefore find the defendant not guilty. >> axelrod: a white cop in cleveland acquitted in the deaths of two unarmed african americans. officer michael brelo fired dozens of shots, 15 at close range. protesters take to the streets the justice department weighs federal charges. >> ♪ are you ready for love. >> axelrod: the emerald isle turns rainbow, ireland becomes the world's first country to approve same sex marriage by popular vote. in drought stricken california sod farmers say don't treat me like a criminal just because i sell grass. and, some 20th century war veterans fly back in time. captioning sponsored by cbs this is the "cbs evening news."

>> axelrod: good evening, i'm jim axelrod. and this is the western edition of the broadcast. we begin with the verdict in the latest high profile case involving the use of deadly force by police on unarmed african-american suspects. in cleveland, today, officer michael brelo was acquitted of manslaughter in the shooting death of two timothy russell and malissa williams two and a half years ago, this was a bench trial, meaning no jury. this morning the judge ruled that when officer brelo fired 15 bullets into the car they were driving 15 directly at them from the hoo standing. it was quote, reasonable despite knowing now there was no gun in the car. jericka duncan picks up the story. >> i am not critical. >> it took judge o'donnell nearly an hour to explain a decision he knew many people had been waiting for. >> and therefore >> and therefore finding brelo using deadly force was a constitutionally reasonable response. >> reporter: it was a dramatic

ending to a case that highlights the strained relationship in this country between african americans and police. it was november 2012 when timothy russell and malissa williams led 62 police vehicles on a 22-mile high speed chase. when it ended in an east cleveland parking lot, police fired at least 137 rounds at the car. brelo climbed on top of the hood of the 1979 chevy malibu. prosecutors say he continued shooting when the other officers had stopped. michele russell is timothy russell's sister. >> now whatever reason they didn't pull over, we don't know. but what i can say is that it does not, they did not deserve to die for fleeing and eluding. that's not a death sentence. >> reporter: tensions in cleveland between police and the community had gotten so bad that the justice department had to be called in. late last year the d.o.j. found a large pattern of unreasonable

and excessive use of force with over 600 cases from 2010 to 2013. demonstrators had remained peaceful for the most part and city officials hoped to keep it that way. court officials say part of the reason they announced the verdict on a holiday weekend was to minimize the potential for violent protests. >> axelrod: jericka, thank you. >> bill safos is with our cleveland station woio you have been in the protesters when the verdict was read this morning. what have you seen so far and what is the city expecting tonight? >> reporter: well, jim, from the moment that verdict was read obviously, many protesters expressing their displeasure at the judge's decision. they took to is streets out in front of the justice center and began chanting, protesting but it was when one protester spotted the defense attorney d'angelo trying to make his way out of the use center, they, a

mob almost chased him back outside and met by sheriff deputies in full riot gear windshield whose kept the crowd at bay and pushed them back out on to the streets, where they continued to block traffic and what we are expecting so far well, the city says it could be anything and they are ready for just about anything as well. jim. >> axelrod: bill safos in cleveland, thank you. just minutes after the verdict the u.s. department of justice announced it will be reviewing the brelo case. paula reid covers the justice department for cbs news, so what does this mean? >> reporter: jim, the department of justice will review the evidence in this case to determine whether officer brelo may have violated federal civil rights law. this is a very high standard which we have seen in cases in ferguson and also elsewhere, that and the fact and the department of justice is already working with the cleveland police department to implement reforms makes it very unlikely they are going to open a new case against this officer. >> axelrod: in his opinion, the judge did seem to say, officer brelo indeed fired a fatal shot, how does that square with the not guilty verdict?

>> reporter: the judge did say that officer brelo filed a fatal shot but so did other a officers and he could not find beyond a reasonable doubt that officer brelo fired the fatal shot. he also found that the officer was justified in fearing for his life. >> axelrod: paula reid in washington. thank you. consider the speed and distance that gay rights has traveled in the mostly catholic republic of ireland, just 23 years ago homosexuality was illegal there, but as charlie d'agata reports today, ireland became the first country in the world to pass a constitutional referendum allowing same sex marriage. >> reporter: this is the moment same sex supporters in ireland knew they made history. >> the people have spoken, you know, ireland has moved on and it's just a different country than it was a few years ago. >> reporter: in the end it was a landslide. irish voters said a resounding yes to gay marriage by a margin of two to one.

irish senator and gay activist david norris says the country had sent a message to the world. >> there are countries throughout africa, was a landslide. irish voters said a resounding yes to gay marriage by a margin of two to one. irish senator and gay activist david norris says the country had sent a message to the world. >> there are countries throughout africa, was a in which it is terribly dangerous still to be gay, so we are saying to them, be civilized. follow the irish. >> reporter: not long ago it would have been unthinkable. >> as late as 1993 homosexuality was illegal in the staunchly conservative catholic country. but when civil partnerships were legalized five years ago ireland turned a corner toward a more secular society. the irish abroad returned to the emerald isle, isle bringing their boat with them. and hashtag home to vote. sharing images like passports, on the plane, all the way from bangkok, their journey back home.

even non-irish supporters came to see whether the vote would be a victory for gay rights the world over, like jay lassiter from new jersey. >> either way, win, lose or draw we have made history and i just hope that the history is sweet. and i can't wait to marry a hot irish boy. >> reporter: well, now he can. legally. and there will be plenty of like minded people celebrating that victory tonight. why ireland put it to a public vote is as much a legal matter as much a democratic one, the constitution can only be amended bay national referendum and the critical difference between a civil partnership and same-sex marriage is the marriage is protected under the constitution, civil partnership is not. >> axelrod: charlie d'agata with a history making day in ireland. charlie, thank you. hundreds of thousands of catholics turned out in el salvador today for a beatification, the ceremonial

first step of archbishop oscar romero's path to sainthood. as allen pizzey reports this is something that would have been considered unlikely when romero was gunned down celebrating mass 35 years ago. >> reporter: the beatification had as much air of a festival as it did a religious occasion, even many who opposed him review oscar romero as a historic figure. the bloodstained shirt he was wearing when he was assassinated by a sniper who has never been caught was a central point in the service. romero preached relentlessly against poverty and social injustice. the day before he was killed the archbishop told the u.s. backed military i beg you, i beseech you, i order you in the name of god, stop the repression. putting him on the path to sainthood was long resisted by conservative catholics and el salvadoran right-wingers. pope francis kick started the stalled process in february when he formally declared the murdered the archbishop a martyr, in a statement issued today he called the

beatification a cause for great joy for salvadorans and those of us who rejoice at the example of the greatest children of the church. romero's assassination plunged the country deeper into a civil war that lasted 12 years and claimed 85,000 dead and 8,000 missing. many in the 300,000 strong crowd had vivid memories of it. for me, archbishop romero represent as lot, she said and a recognition such as this is wonderful. cardinal angelo mato who led the mass called romero the light of the world and salt of the earth. sainthood will certainly come faster than the first did. allen pizzey, cbs news, rome. >> axelrod: just after midnight, the senate reject add house bill that would have extended the patriot act, the counter- terrorism law passed after 9/11. a major sticking point is the national security agency's bulk collection of phone records, as julianna goldman reports, parts

of the act are set to expire june 1. >> without objection. >> reporter: the chaotic night ended with senators leaving for recess, but unless they can come up with a compromise in the coming days, the government could lose access to what the administration says is a key counter-terrorism tool. >> we will be back in sunday may 31st, one more opportunity to act responsibly, and not allow this program to expire. >> reporter: the u.s.a. freedom act that passed in the house last week had overwhelming bipartisan support and would have changed the patriot act to reign in some of the controversial surveillance programs, including the n.s.a.'s bulk collection of phone records revealed by edward snowden. the changes would stop the government from collecting the metadata, instead, the administration would have to request it on a case-by-case basis from the phone companies.

senate republicans, including majority leader mitch mcconnell objected to the house bill calling it untested and potentially harmful to national security. as a compromise, republicans proposed a short-term extension of the current law, but that was blocked by a member of their own party. >> i object. >> reporter: kentucky senator and presidential candidate rand paul has made his objection to n.s.a. spying programs a pillar of his campaign. >> our forefathers would be aghast. >> reporter: he opposed blanket collection of american phone records but the white house supports the house bill, on friday, press secretary josh ernest said its passage is the best way to balance civil liberties and national security. >> i haven't heard a rational satisfactory explanation for why the vast majority of the united states senate, democrats and republicans, won't do that. >> reporter: there are limited options. mcconnell could try to buy some time with another the short-term extension but that has to get through the house. the president could ask for a new order authorizing the metadata program, but, jim, the white house has said he won't do

that. >> axelrod: julianna goldman in our washington newsroom. thank you. heavy rains continue to swell rivers in texas and oklahoma. this is what the red river looks like today in elk city oklahoma, flowing over the tops of roadways. it is still rising and not expected to crest until next week. a california sod farmer explains why drought shaming is unfairly hurting his business. and tonight, she is going to party like it is 1899 when the "cbs evening news" continues. tinues.su >> so i asked my doctor about victoza. he said victoza works differently than pills and comes in a pen. victoza is proven to lower blood sugar and a1c. it's taken once a day, any time. and the needle is thin. victoza is not for weight loss

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>> people like their lawns. then all of a sudden they have now become the focus of all evil. it is just makes me nuts. >> reporter: lawns these days are the subject of ridicule, drought shaming is all over social media. even california governor jerry brown is weighing in. >> the idea of your nice little green grass getting lots of water every day, that is going to be a thing of the past. >> reporter: california's water board is now threatening stiff penalties for those who don't cut back. are you concerned about paying fines for watering your lawn? >> not necessarily. >> reporter: homeowners steve says he is keeping his lawn green. >> drought shamers, maybe they have nothing better to do. they really don't bother me. >> reporter: but in many parts of california, home owners are getting rebates to rip out their lawns and replace them with drought tolerant landscaping. >> you take lawns out, and you put bark and bushes in, where are your kids and dogs going to play?

every bit of landscaping, every bush, every tree, every lawn all told is about eight and a half percent, so you could make california every city look like baghdad and you would save eight and a half percent of the water. it is not where the savings are. >> reporter: gram co says he is losing a lot of business now but once california gets rain again -- >> people will go back to green lawns and i think the lawn is part of the american dream. and i think it will stay that way. i just don't think you change that. >> >> reporter: danielle nottingham, cbs news, oxnard california. >> axelrod: now the life psyche of the day, the story of tally and here sweet 16 which was actually a century ago. today, she marked something even sweeter turning 116. ms. tally who lives in ink son michigan is widely thought to be the oldest person in the world. she says she feels fine, and can still go fishing from time to time. up next, on the eve of race day in indianapolis, the search for

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why are all these people so asleep yet i'm so awake? did you know your brain has two systems? one helps keep you awake- the other helps you sleep. science suggests when you have insomnia, the wake system in your brain may be too strong and your neurotransmitters remain too active as you try to sleep, which could be leading to your insomnia. ohh...maybe that's what's preventing me from getting the sleep i need! talk to your doctor about ways to manage your insomnia. >> axelrod: if it is memorial day weekend, then it must be time for the indianapolis 500. this year's run-up to race day has seen a string of spectacular wrecks in practice that has drivers, owners and fans and race officials looking forward to tomorrow with the usual excitement as well as an unusual mix of anxiety, caution and mystery.

>> ladies and gentlemen -- >> axelrod: tomorrow will be the 99th running of what is known as the greatest spectacle in racing. run on a racetrack so large you could fit the rose bowl, churchill downs, yankee stadium and the vatican inside of it with room to spare. mark miles is the c.e.o. of the company that owns this speedway. >> when you put all of those people in here on race day creates this unbelievable environment. it is a very special event. >> axelrod: but four crashes during practice runs where three cars went airborne and flipped over have raised serious concerns before tomorrow's race. kurt cabin covers the sports for the "indianapolis star." is there any problem heading into sunday? >> i think there is concern. i don't know if there is a problem yet, but there is certainly alarm. and the alarm is if a car gets up in the air in traffic, you have the potential for a big mess. >> axelrod: this was ed carpenter's wreck last sunday, hard to believe looking at it he walked away without a scratch. so standing here right now you

are fine, not sore, no neck collar, no whiplash, nothing? >> no, i feel great. >> axelrod: ready to race? >> ready to race. >> axelrod: his approach? trust in the safety features of his car's design, blended with a clear-eyed philosophy handed down from generation to generation of indy car driver. >> the racing car is going 230 miles per hour, there is no guarantees when you're going that fast. i have lost friends in the past. i hope i don't lose anymore, but that is a reality of what we do. >> axelrod: but indy car officials are looking at another part of the race car's design in trying to explain why so many cars are leaving the ground. it is called an aero kit. the car's body and aerodynamic wings, the car makers added to produce higher speeds and give the fans a way to tell the cars apart. bobby rahal won the race in 1986. he owns the car his son gram gram will drive tomorrow and

says he is docket with his son behind the wheel even if no one knows for sure why the airborne crashes are happening. >> you have one car take off and then another, you say holy smokes, and no one wants the risk of somebody else doing that. so there is a lot of soul- searching, a lot of i am sure late nights by engineers trying to figure out why this is happening. >> axelrod: ed carpenter started in the pole position as the fastest qualifier in the last two indy 500s, tomorrow he will start in 12th position on the outside of the fourth row. some news from the "guinness book of world's records," a new world record in the category you didn't probably know existed. longest flight on a hover board. a distance of just over 905 feet. over lake wareau, that is the inventor cat man controlling the hover board with his feet. and speaking of airborne, check this catch by quarterback wilson of the american heritage school near ft. lauderdale. as you might imagine, the

sophomore is no stranger to college recruiters. he has roughly a dozen scholarship offers so far and he is only a sophomore. still ahead, they fought for their country decades ago and now they are getting a special thank you. you. be a morning person again with aleve pm. success stts with the right connections. introducing miracle-gro liquafeed universal feeder. turn any hose connection into a clever feeding system for a well-fed garden. miracle-gro. life starts here. that's going to go right in your glove. ohhh. oh. see that? great job. ok, now let's get ready for the ball... here it comes... here you go. good catch. perfect! alright now for the best part. let's see your pour. ohhh...let's get those in the bowl. these are way

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my scalp hurts. my hair hurts. this is what it can be like to have shingles. a painful, blistering, rash. if you had chickenpox, the shingles virus is already inside you. 1 in 3 people will get shingles in their lifetime. well i had to go to the eye doctor last week and i have to go back today. the doctor's worried its so close to her eye. talk to your doctor or pharmacist about your risk. introducing the first ever gummy multivitamin from centrum. a complete, and tasty new way to support... your energy... immunity... and metabolism like never before. centrum multigummies. see gummies in a whole new light. >> axelrod: on this memorial day weekend, a few veterans of the greatest generation are getting a high-flying thank you for their service. here is mark albert. >> we are going to have a good time today.

>> reporter: glenn hutton, a former army radio mechanic is abount to take a flight through time. >> ready, ready. >> thank you, thank you. >> reporter: hutton soared over grand island nebraska in the open cockpit of a 1940 stearman biplane an aircraft that trained military's aviators and helped win the second world war. >> it literally takes them out of their apartment and back to the sky. >> reporter: darryl fisher was flying a restored steer man home to oregon with his father in 2011 when they decided to make stops along the way to give senior citizens a quick ride on the vintage plane. >> something happens in that process that changes the attitude, the energy and their outlook. >> reporter: stunned by the reaction, he started a now foundation for what he calls dream flyers. >> thanks for your service to our country. >> reporter: on memorial day in lakeville, minnesota he will

give his 1,000th flight. 88-year-old mary be dose husband charles served in the coast guard, as his widow she took a flight this week. she had one carry on, the faded love letters he wrote to her while at sea. the flight may be short but the effect undeniable. >> i don't feel a day over 40. >> reporter: when he landed he was still the same age but not the same man. mark albert, cbs news, new york. >> axelrod: and that is the "cbs evening news" on this memorial day weekend. when we honor those who died defending their country. for now, i'm jim axelrod in new york, and for all of us here at cbs news, thanks for joining us, and good night. captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org

coming up, a three alarm grass fire comes close to home in san jose. another holiday weekend traffic nightmare on bay area roads. we'll have an update on the san mateo bridge closure and what to expect when you leave your home. >> and details near santa barbara. the key safety feature the ruptured pipeline was missing. >> kpix5 news is next.

live from the cbs bay area studios. this is kpix5 news. tonight, investigators are looking for the cause of this three alarm grass fire that came way too