for watching tonight at 5 pm. back in 30 minutes and update you on the temperatures around the bag. see you then. captioning sponsored by cbs >> a new fire at the flood damaged chemical plants in texas. >> this area is now becoming increasingly dangerous. >> the floodwaters recede and the devastation is revealed. >> this place looks like a battle zone. >> homes and lives are shattered one week after harvey. ness much victims like for a place to live. rescue teams still searching for victims and victims look for a place to live. also tonight, a judge reduces the charges against penn state fraternity members in the hazing death of tim piazza. >> there's no winners here. we're not high-fivin' today. >> morgan: a detective manhandles a nurse after she follows hospital policy and the law and refuses to let him draw

blood from a patient. >> what is happening? >> morgan: and steve hartman on the week the worst brought out america's best. >> we're going to go save some more lives, help some more people. e this is the "cbs evening news." >> morgan: good evening. i'm demarco morgan in houston, along with don dahler in new york. one week after hurricane harvey blasted ashore, the danger here is far from over. and we are just beginning to see the extent of the damage. the president is coming here tomorrow to see for himself. the death toll is up to at least 37 people, more than 6,800 homes have been destroyed, more than 84,000 more damaged, and early estimates of residential flood damage run as high as $37 billion, much of it uninsured. >> dahler: fema reports more than 103,000 people have been arrived for assistance.

aprroved for assistance. power outages are down to 145,000, less than half of what they were at their peak. and the number of rescues now tops 20,000. >> morgan: and there is breaking news at that chemical plant in crosby, texas. kris van cleave is there. kris. >> reporter: demarco, we are more than a mile from the plant. you can see the plume of black smoke. we can see the fire from here. we understand it is a very intensely burning blaze. at least two of eight remaining tractor trailers that contain organic peroxide have exploded. this was expected. when the refrigeration units quit during four to six feet of flooding, the chemical plant knew this was going to happen. they said it could happen at any moment, and late this afternoon, it did. yesterday, one of these trailers went up. now at least two of them have exploded. this is an intense, big fire.

this chemical plant has a host of potentially very dangerous chemicals. executives told us those chemicals are far away from where this fire is burning, and fire crews say they have to just let this fire burn itself out. it's too dangerous to go in. that smoke is an irritant. that smoke can create some breathing issues. we know on thursday at least 18 first responders were taken to the hospital with a variety of issues and yet we were able to get right up next to the plant today, even though it is inside an evacuation zone. and there are many people we saw trying to get back into their homes who live near that plant. this fire has to burn itself out. and remember, there are six more of these tractor trailers that have yet to go. demarco. >> morgan: a dangerous situation out there. kris van cleave reporting. kris, thank you. the storm has displaced more than one million people and we have reports tonight from anna werner and omar villafranca. and we begin with anna in beaumont, texas, where 1,000 people were evacuated last night.

>> reporter: families lined up on the tarmac at beaumont's regional airport to board c-130 military planes headed 250 miles to dallas, a place many have never been, like corey morris and his family. >> any way to help. i want to get some help. >> reporter: these people were staying in three red cross shelters in beaumont. then floodwaters overwhelmed the city's water pumps. >> we have a bus going to dallas. >> reporter: now, hundreds of people have to be moved. chester jourdan with the red cross: >> we've got bottled water. we can't flush the toilets and all that kind of stuff. >> reporter: and that's a safety issue. >> it is very much a safety issue. it's a health issue. >> reporter: and not just in shelters. there's no drinking water in beaumont, period. and some residents are waiting in long lines for bottled water. others still need to be rescued from floodwaters. a major hospital had to evacuate its patients. and buses that were supposed to ferry evacuees from the airport to san antonio got turned around.

flooded roads halted their trip. some 24 hours after this operation began, there were still some 500 people sitting on buses here at the airport just waiting to be flown out. 73-year-old betty jo white told us she has nowhere else to go. >> i don't know what we're going to do. somebody's just going to have to have pity on us. >> reporter: but despite hours of waiting, india milton sat with her family in a corner of the airport with a smile on her face. why are you still smiling? smiling? >> rep >> reporter: her 11-year-old sister, alexandria simpson, has never seen dallas. are you concerned about that? >> no. because i'm going to make new friends. >> reporter: you can make new friends, right? ♪ ♪ they even found something to sing about.

that family told us they're relying on god and the texas air national guard to get them there. they don't know what they're going to do in dallas, but they say they don't plan to return to port arthur. >> reporter: i'm omar villafranca. with a wing and a prayer, this air national guard c-130 took off from beaumont, texas, with several dozen evacuees facing a fresh start in a new city after being rescued from rising floodwaters in port arthur. >> we're just grateful to be out of the water that we were in because water was up to here. >> reporter: for hynecia simpson, her daughter, india milton, and her five kids, it was their first flight. she took this video while in the air. from beaumont, they were only able to bring a little more than the clothing on their back. this is the second time the family has escaped mother nature's fury. the first time was hurricane rita.

they arrived by bus to their temporary home, a shelter at the dallas convention center, where 1,400 other evacuees are now calling home. this is what it looked like inside. >> what's up, y'all! >> reporter: donald williams knew his southeast houston home was going to flood, so he left early. he says all the shelter volunteers are helpful. >> it's actually running more efficiently than i would assume it would have considering there are that many people in there and everybody is kind of, you know, disoriented. >> reporter: dallas mayor mike rawlings says these evacuees are particularly vulnerable. >> most of them have lost their homes or their apartments, and they are coming in families. and it's heartbreaking to see what they've been through. >> reporter: there are six shelters in the d.f.w. area with more than 2,100 people and 1,000 more could be on the way in the next few days.

the evacuees are expected to spend about two to three weeks in the shelters and then be moved into temporary housing. demarco. >> morgan: all right, omar villafranca reporting there. we want to take you back now to kris van cleave who is reporting for us at a breaking news situation in crosby, texas. kris. >> reporter: demarco, the wind has shifted and the sheriffs deputies here have now told us that we need to evacuate, that this area is now become increasingly dangerous because of that potentially toxic smoke spewing from the chemical plant. we know at least two of them, eight tractor trailers containing volatile chemicals have gone up. all of them at some point are going to explode, and firefighters just have to let it burn itself out. but now that the wind has shifted, we've got to go. >> morgan: all right, kris van cleave, again, thank you for that. get to safety. as folks in beaumont were evacuating, others here in houston were returning home, their futures equally uncertain. david begnaud has that story. >> i don't know how i could ever repay you. >> you don't have to. you don't have to.

thanks be to christ, we're here to serve you today. that's it, man. >> reporter: howard holmes welcomed the generosity of strangers. 90% of his street has been flooded. >> you switch from everyday life to survival mode. >> reporter: he moved here with his wife, theresa, in 2005, after their former house burned down. >> we're going to have another house. we're going to rebuild our life. this is houston. we're houston proud. we're houston strong. >> reporter: the men helping to clean out their home are local recovery volunteers. >> you need help, come out! >> reporter: but on monday, they were rescuers. >> yeah, right here. they need help. >> reporter: truett allen led his navy of civilian samaritans as they rescued nearly 200 people. >> thank you. >> thank you very much. >> reporter: like laura blinten, who was carried away on her birthday. and along the way, they documented. there was the baby found floating in a fishing bucket. and this message from a woman who wrote to allen, "you saved

my brother's life." >> right now we thank you, lord, for sparing us. >> reporter: saving lives and rebuilding homes only took a break today to say a prayer. >> amen. >> reporter: rescuers jeff venghaus. >> i feel like my life has just stopped to some degree and has shifted toward just helping people. we just say yes and go do it. >> reporter: some neighborhoods in houston got nearly 10 feet of floodwater, but here at howard's house, they got just 19 inches but it ruined nearly everything. demarco, tonight, howard's neighbors just right around the corner, are sleeping on their front yard in a tent trying to protect what's left from looters. >> morgan: all right, david begnaud reporting there. we'll continue to keep an eye on the breaking news coming out of crosby, texas. but for now, let's go back to don dahler in new york for the rest of today's news. don. >> dahler: thanks demarco. on tuesday, president trump is expected to announce the fate of the program known as daca. as chip reid reports, illegal immigrants who were brought into

the country as minors have been getting mixed messages. >> we love the dreamers. >> reporter: nearly 800,000 dreamers, people who came to the u.s. illegally as children, have been protected from deportation by the daca program, created by president obama. >> it makes no sense to expel talented young people who, for all intents and purposes, are americans. >> reporter: during the presidential campaign, candidate trump called for an end to the program. >> anyone who has entered the united states illegally is subject to deportation. >> reporter: some sources in congress say the president is expected to follow through on that promise. >> we are the immigrants! >> reporter: but if he does, protests like this one today in los angeles are expected to grow, especially since the president had given dreamers reason to believe he had changed his mind. in february, for example, he said this: >> we're going to show great heart.

daca is a very, very difficult subject for me. >> reporter: and in an april interview, he said, "the dreamers should rest easy." many republicans say daca is unconstitutional because president obama created it by regulation. >> this is something that congress has to fix. >> reporter: but some of those same republicans, including speaker paul ryan, want the president to leave daca in place while congress comes up with a humane solution to protect dreamers from being deported. ryan spoke to a wisconsin radio station today. >> these are kids who know no other country, who were brought here by their parents and don't know another home. >> reporter: nearly 400 business leaders have signed a letter to president trump urging him to preserve the daca program. that letter states in part, "dreamers are vital to the future of our companies and our economy." don. >> dahler: chip, thank you. coming up next on the "cbs evening news," a judge throws out the most serious charges in the penn state fraternity hazing death.

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>> >> dahler: a judge today dramatically scaled back the case of penn state fraternity brothers in charges of a pledge. charges of involuntary manslaughter and felony assault were thrown out. here's jim axelrod. >> reporter: former frat brothers left the courthouse absorbing the stunning news it's most serious charges had been dismissed. 14 of them still face misdemeanors, including alcohol and hazing charges. >> i just feel relieved. >> reporter: former beta theta pi brother joe ems had his recklessness endangerment charge dropped all together. >> people have to understand this was a terrible, terrible, tragedy, and that's what it was simply. there was no intent, malice, any criminal activity on my part or, i believe, on any of my friends' part. >> reporter: it was february 2 when timothy piazza was at the frat house for a pledge event. prosecutors argue piazza was

ordered to drink massive amounts of alcohol. surveillance video shows piazza repeatedly falling, passing out and tumbling head-first down a flight of stairs. no one called 911 for hours. >> the headlines are going to be, "most serious charges dropped." the headline is wrong if that's the headline. >> reporter: the piazza family lawyer, tom klein, and tim piazza's parents, say the important thing is beta theta pi brothers will stand trial. >> i'm looking forward to see, you know, the trial and whatever else comes out of the investigation, really. >> and them facing hazing charges. >> reporter: and that's important to you. >> absolutely. >> that's important. >> reporter: why? >> because we need to put a stop to it. >> it has no place in greek life, sports, marching bands-- it just has no place. it's torture. it's abuse. >> reporter: the judge ruled the state did not provide sufficient evidence that the defendants knew their actions would almost certainly create tragic consequences. >> there's a young man whose

dead and a young man whose life has been changed and we're very, very pleased the case is over in our favor but nobody is high- fivin' themselves here. >> reporter: the most series of the charges dismissed today carry a maximum prison sentence of 20 years. the ones that remain, a max of two years. the prosecutor says she will refile the assault and manslaughter charges in front of a new judge. don. >> dahler: jim, thank you. when we come back, a nurse protecting a patient's rights winds up in handcuffs. ts winds up in handcuffs. things than ody was mr rheumatoid arthritis. before you and your rheumatologist move to another treatment, ask if xeljanz is right for you. xeljanz is a small pill for adults with moderate to severe ra for whom methotrexate did not work well. xeljanz can reduce joint pain and swelling in as little as two weeks, and help stop further joint damage. xeljanz can lower your ability to fight infections,

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blood from an unconscious man in the emergency room. >> please, sir, you're hurting me! >> then walk! >> reporter: the victim had been brought in after being in this fiery car crash on july 26 near salt lake city. 26 near salt lake city. >> reporter: wubbels told police it was against hospital policy and the law to take blood as evidence from an unconscious patient unless the patient was under arrest or the police had a warrant. >> we're done. you're under arrest. >> reporter: detective jeff payne, who was trained for a special police blood draw unit, approached the nurse and demanded to do it anyway. >> no! somebody help me! >> reporter: in addition to the officer's body-cam, hospital cameras caught this disturbing scene. wubbels has now hired an attorney. >> the only job i have as a nurse is to keep my patients safe. we need to remember these are officers of the peace. this was not peaceful.

this was not even civil. >> reporter: alex wubbels was released and no charges were ever filed. detective jeff payne was just placed on administrative leave. don, the salt lake city district attorney has opened a criminal investigation. >> dahler: elaine, thank you. up next, steve hartman gets to the heart of texas. the heart of texas. there's only one egg that gives you better taste and better nutrition in so many varieties. classic. cage free. and organic. only eggland's best. better taste. better nutrition. better eggs. you totanobody's hurt, new car. but there will still be pain. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do?

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>> reporter: this week, we saw what trillions of gallons of water can cover. but more importantly, we saw what it can uncover: our potential, as a nation. i know it seems like eons ago, but remember what was in the news before this? remember when nothing was more important in america than the fate of a confederate statue. we were literally at each other's throats over race, religion, immigration, and, of course, politics. and then harvey came and pounded us with perspective. when the roof over your head becomes the floor beneath your feet, no one cares about the color or creed of his rescuer. no one passes judgment because a hero's boat is too big or his means are too meager. no one says, "thanks for the rope, but i'd rather wait for someone more like me." >> thank you, i appreciate it. >> reporter: and later when they find themselves on the business end of a dump truck with nothing

but the soggy shirts on their backs, i'm guessing no one ever thinks he's better than the person suffering next to him. a lot of people in texas and louisiana lost everything, but they are rich with perspective tonight, and blessed with a new and priceless appreciation of their community. >> if everyone did this, we'd have a lot less to worry about. >> reporter: from the start of the storm, the volunteer rescuers were harvey's silver lining. they risked their lives. some even lost their lives in service to their neighbors. >> continue helping people. we're going to go save some more lives, help some more people. >> reporter: this guy spoke for many. >> spirit of texas. that's what it's all about. >> reporter: but i do take slight issue with that last part. i think most americans are heroes, just waiting for their moment. and if harvey taught us anything, it's to be grateful for every last one of them. which brings me to this rescue in houston. these people were trying to save someone from a sinking car. >> go, go, go! >> reporter: i don't know who these folks are, but i do know this: if you took out a

christian, took out a democrat, an immigrant, a republican, muslim, or jew, remove any link in this brave chain of americans, the whole group is adrift, and a piece of humanity is lost. in this case, the chain held. when mother nature is at its worst, human nature is at its best. the challenge will be, as the floodwaters recede, will we still be able to love at these same record levels? steve hartman, cbs news, new york. >> morgan: that's the american way. and that's the "cbs evening news." i'm demarco morgan in houston. >> dahler: demarco, i have to add you and our team have done great work under difficult circumstances. thank you, don. i'm don dahler in new york. thanks for joining us this week, and have a good night. captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org

heat wave shatters records. slows transit.. and pushes the power grid to the limit. go ng, . news begins with an impressive heat wave and pushes the power grid to the limit. good evening. i'm allen martin. an intense day of triple digits. scorching in the east bay. a high of 109 degrees in liver more. nap a clocked in as 106. and that is an all time record. >> not even the coast could escape the triple digits. chopper 5 showing us the triple digits in pacifica. topped off at 101 this 101 this afternoon. >> this is record setting on a daily level. and in some cases on an all

time level going back to a century. hottest spots, where was the hottest weather in the bay area? covercoveclover dale. these are new monthly all time records for the month of september. this is the all time record. 143 years of temp history in the city of san francisco. it has never been hotter than today and we shattered the old record. the old record 103. today's high, 106 degrees. along with the heat came a lot of haze and smoke and a lot of you decided to stay inside because the air quality was that bad. good call. tomorrow you may need to do the same. the fires to our north are going nowhere. the wind direction wi