seconds on the cbs evening news. new vide e >> thank you for watching tonight at 5:00! captioning spo ♪ ♪ captioning sponsored by cbs th glor: morning's mist. ale texas church gunman once escaped from a mental health facility and threatened air force superiors. witnesses say he targeted crying babies in the church. >> it sounds like he didn't want to take his finger off the trigger. he was like-- ( imitates automatic gunfire ) >> glor: also tonight... >> hopefully it will all work out. >> president trump tries a new strategy on north korea. >> roy halladay has thrown a no- ttter. wn glor: breaking news: cy young award-winning pitcher roy halladay killed in a small plane >>ash. >> he was one in a million. it is a true loss for us. >> glor: harvey weinstein is iscused of hiring an army of spies to dig up dirt on his accusers. and a museum's quest for green

has an artist's family seeing red. >> we kind of feel like he'd be rolling over in his grave. this is the "cbs evening news." >> glor: good evening, i'm jeff glor in sutherland springs, texas. and this is our western edition. anthony mason will join us from new york in a moment. tonight it appears there were multiple warning signs about the gunman who opened fire during sunday services here. they include reports of his violent past, an escape from a mental health facility, and death threats to air force superiors. he was able to buy weapons because of a mistake by the air force. 26 people were murdered at the first baptist church, 20 were hurt, ten are in critical condition. david martin begins our coverage. >> reporter: a police report of a brief escape from a mental health facility threw an even darker light on the air force career of devin kelley. a 2012 el paso police department

report described kelley as a "danger to himself and others as he had already been caught sneaking firearms on to holloman air force base in new mexico, where he was stationed and was attempting to carry out death threats he had made on his military chain of command." five months later, he was court- martialed for beating his then- wife and stepson and was sentenced to a year in prison and a bad conduct discharge. despite the history of mental health problems and the conviction for domestic violence, the air force failed to enter his name into the f.b.i. database that is searched to determine if a person is barred from purchasing firearms, allowing him to buy the assault rifle he used to kill 26 people. air force secretary heather anlson spoke with the cbs news streaming channel cbsn. >> it's pretty clear that the checklist that we use was not followed by the local office, and his fingerprints should have been put into the database, and

they were not. e> reporter: f.b.i. statistics indicate not just the air force but the entire department of defense almost never files a report unless the offender also received a dishonorable discharge, a slightly harsher punishment than devin kelley's bad conduct discharge. more than 11,000 dishonorable discharges have been entered stto the database but only one mer domestic violence and one for mental health. in other words, the failure to flag kelley to the f.b.i. may not have been an isolated thersight but part of a pattern of poor reporting throughout the enfense department, a pattern errst identified by the pentagon's inspector general 20 years ago. jeff. >> glor: david martin, thank you s ry much. it is believed that one week ago, the killer attended the rall festival at first baptist, and did not raise any alarms. five days later, he showed no esrcy at the same house of worship, even to his youngest victims.

mark strassmann has more on this. d, reporter: outside the church that became a killing field, a ime investigators reconstructed a madman's rampage. florenzo flores spotted him first. >> this guy was dressed like g.i. joe, all in black and all ndat stuff. >> reporter: it was 11:10 sunday morning. flores, standing across the street, saw a man with a rifle close in on the church. >> he didn't walk. os runs across the street like that in this position. >> reporter: he's on a mission. >> yeah. fi reporter: gunman devin kelley first fired through the windows of first baptist church. when he walked inside, the real carnage began. ootit was so scary, and that man was shooting. >>mean, he was shooting hard. >> reporter: rosanne solis and joaquin ramirez, both wounded, played dead on the floor. >> everybody got down, crawling under-- i mean, wherever they could hide. e. reporter: they were among roughly 50 congregants inside. .ithin minutes, about half of them were killed.

the gunman paced the room, stalking the dead and the dying, and pumped bullets into whomever showed signs of life, especially crying babies. how long did the shooting go on for? >> man, it just-- sounded like forever. >> reporter: flores thought that popping sound would never end. lo it sounded like he didn't want to take his finger off the trigger. he was like-- ( imitates automatic gunfire ) constant, like. it wouldn't let off. >> reporter: investigators elcovered 15 empty magazines. each held 30 rounds. eteeman martin is with the texas department of public safety. >> when the first call came in, the wilson county sheriff's office arrived within four minutes. i can tell you four minutes is a long time during an active shooter situation. >> reporter: investigators refused to talk specifics about a motive, but kelley, estranged teom his second wife, had sent threatening text messages to his mother-in-law. the attends this church but missed services this past sunday.

>> reporter: the sheriff's fffice told cbs news there was a 2013 sexual assault case against kelley, but had dropped it after he moved out of state. they now plan to reopen that case. jeff. >> glor: mark, thanks very much. like the killer, some of the dead were air force veterans. michelle miller shares their stories. >> reporter: their deaths are in d ank contrast to the lives they lived, lives defined by a oive of god and country. >> join us as we sing "happiness t the lord." >> reporter: robert corrigan and ins wife, shaney, epitomized that devotion at their church edd in their community, a deeply patriotic one. corrigan moved here two years ago after a decorated 30-year sereer in the air force. as chief master sergeant of the 55th medical group at offutt air force base in nebraska, he led the largest and busiest in the >>r combat command. >> being a musician, i really like psalms 33.

>> reporter: in other words, chief corrigan was everything his killer was not. bob and jean victims were his aunt and uncle. >> we lost a young man that loved the military, that loved to serve his country. s reporter: scott and karen marshall were also in the air force, stationed in north carolina. they met in the barracks. mike had known the couples since hen. ac i knew that i had a brother and a sister that had my back. >> reporter: both families are unminiscent of the deep sense of service that runs through this part of texas. both have sons on active duty. their loss still unfathomable to h ose who worshipped with them. >> it's just hard to imagine this... poor, innocent people that had no idea they were never returning back home. >> reporter: this memorial of

26 crosses is just one of many throughout this town coping with feir shared grief. and, jeff, funeral plans are under way that may include a mass service for everyone to worship together. >> glor: michelle miller, thank t,u. tonight, we are getting a look at video shot just after the gunman was chased down by two men. the video, shot by johnny langendorff who drove the car in the chase. he shooter had driven off the road where he took his own life. officers can be seen there with weapons drawn. as in any mass shooting, law enforcement is looking for clues that would help prevent the next attack. here's jeff pegues with more on that. ex reporter: police in hamilton, ohio, training for the next active shooter situation. >> 171 to 384! >> reporter: columbine; aurora, colorado; newtown; and las vegas have all taught investigators that it is important to move fast, but they've also learned that it's difficult to predict who will be the next shooter.

tom manger is the of the major city's police chiefs association. >> we have yet to find this checklist of red flags or indicators that is really, i think, detailed enough and sophisticated enough for us to say, "okay, we need to worry about, you know, this individual because he meets, you know, so many of these criteria." i reporter: most active shooter situations occur in less than five minutes. t f.b.i. report says 70% of the time they happen in either a business or educational environment and with less frequencies, open spaces, government properties, and houses of worship. airmer f.b.i. agent katherine swite, who co-authored the study, said key to preventing the attacks is seeing the warning signs. so they get fixated on something. >> they get fixated on something, that's one thing, with regard to an idea, whether o's anger over a spouse or anger over an employer or a particular political position,

that fixation, and it grows and it strengthens. >> reporter: as much as police try to adapt their tactics, they know there is a limit to what they can stop. >> if there was a perfect way to prevent these things, i'm sure we would have already, you know, uaplemented that. >> reporter: because these active shooter situations often unfold before police arrive on the scene, law enforcement officials emphasize that it is important to be aware of your surroundings and pay attention to where the exits are. tff. >> glor: jeff, thank you very yuch. n w, let's go back to anthony mason in new york. anthony. >> mason: thanks, jeff. we have breaking news. former pitching ace roy halladay was killed today in a plane crash off florida's coast. lan dahler is following this. >> reporter: roy halladay's single-engine aircraft went down around noon around the gulf coast near the town of holiday, florida. pasko county chris nocco says there was no may day call and the plane was found in about six feet of water. pl we know roy was a good person, a caring husband who loved his wife, randy.

he loved his two boys tremendously. ly reporter: halladay was a relatively new but avid pilot, n ten posting pictures and video on social media of his icon a-5, a small amphibious sport plane. before retiring from baseball four years ago halladay was known as a dominant pitcher, the two-time cy young award winner threw a perfect game during the 2010 season-- >> he retires all 27! >> reporter: ...and a no-hitter in the postseason that same year. >> roy halladay! >> reporter: in his 16-year career with the toronto blue jays and philadelphia phillies, pr was an eight-time all-star. during his retirement press conference, halladay talked about how much the game meant to him. >> baseball has given us a lot, erd it was a tremendous run, tremendous experience, something i'll never forget. >> reporter: the philadelphia phillies released this statement. "there are no words to describe the sadness that the entire phillies family is feeling over the loss of one of the most respected human beings to ever play the game."

anthony, roy halladay was 40 years old. in earlier the president appeared willing to try a new approach to dealing with north korea's nuclear threat. he revealed it in south korea, when questioned by margaret brennan. >> have you seen any success in your diplomatic strategy so far, yod do you still believe direct talks are a waste of time? >> i think we're make a lot of frogress. i really believe that it makes sense for north korea to come to the table and to make a it deal that's good for the people of north korea, and the people of world. i do see certain movement, yes. >> reporter: with secretary of erate rex tillerson looking on, the president declined to say whether he still thought direct negotiation were a waste of time st he tweeted last month,

undercutting america's top diplomat by telling him to, "save your energy, rex." standing in seoul, the president said he was reluctant to use military force. >> we have many things happening usat we hope, we hope-- in fact, i'll go a step further, we hope to god we never have to use. >> reporter: he notably chose not to repeat his ridicule of kim jong-un. >> rocket man is on a suicide mission for himself. s reporter: a strikingly different tone from his past wiugh talk. >> they will be met with fire and fury, like the world has never seen. >> reporter: the visit appeared carefully scripted to calm concerns in south korea, whose president favors a restrained siproach. he asked mr. trump to visit this military base instead of the demilitarized zone on the north korean border. the president said he still s.pects south korea to buy billions in u.s.-made weapons,

ryd said the u.s. already has significant military assets of its own in the region, including a nuclear submarine. and by the end of this week, three aircraft carriers. anthony. >> mason: margaret brennan in seoul, thanks. lld coming up next on the "cbs evening news," new allegations that harvey weinstein enlisted an army of spies to silence his accusers. and later, plans for a high- profile auction: a master stroke, or a crime against the arts? 1: our home was ruined... we couldn't live there. mom: our first concern was the kids. this was going to be hard on them. chubb got us a place to stay in the same school district. otherwise it could have been a nightmare. dad... chubb turned a disaster into an adventure for our kids. mom... and no one missed a day of school. ♪

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see manhattan district attorney plans to present evidence against harvey weinstein to a grand jury next week. l e disgraced movie mogul is facing a wave of sexual assault and misconduct allegations. now "the new yorker" magazine reports weinstein hired an army of spies to silence his accusers. here's jericka duncan. >> reporter: the article exposes itw top private investigators

tried to discredit alleged rape victim rose rose mcgowan. in at least one case, an investigator posed as a women's rights advocate to get more toformation about mcgowan who was getting ready to go public with her story. reporter ronan farrow: >> i think the key point here is that incredibly deceptive, ustrusive behavior that terrified women and made them fear for their safety was being run through legitimate law firms in complete secrecy. in reporter: this contract, obtained by "the new yorker" is dated july 11 of this year and signed by attorney david boies, who famously fought for same-sex marriage. it shows boies' law firm executed a contract on behalf of weinstein, with black cube, a umpany made of veterans of elite israeli intelligence units. one of the objectives was to "provide intelligence which will help the client's efforts to completely stop the publication ." a new negative article in a leading new york newspaper." nast month, "the new york times"

reported that weinstein allegedly paid off sexual harassment accusers. cuday, a spokesperson from "the times" told cbs news, "we learned that the law firm of boies, schiller and flexener secretly worked to stop our reporting on harvey weinstein at r e same time that the firm's lawyers were representing us in other matters. it is inexcusable, and we will be pursuing appropriate remedies." in a statement to his employees, boies addressed the perceived cnflict of interest by saying, "we made clear that we needed to be able to continue to represent clients adverse to 'the times.'" but he went on to say contracting with private investigators on behalf of weinstein was a mistake. a spokesperson for weinstein says no individuals were targeted or suppressed. eow, some conversations between a private investigator and rose mcgowan were secretly recorded and sent to weinstein, according "the new yorker," which may have been illegal. anthony. >> mason: jericka duncan, thanks. still ahead, elections for fcc1: voters. ,

it will sign the landmark paris climate accord. the war-torn country was the last holdout of the 2015 agreement to curb global carbon emissions. this also means the u.s. would be the only united nations member outside the deal if president trump makes good on his threat to pull out. baltimore police van driver was cleared today of all wrongdoing in the 2015 death of fred degray. caesar goodson was found not guilty of 21 administrative charges. goodson was acquitted of second degree murder. gray died a week after being injured while being driven to a police station. ts death sparked days of riots. jeff glor has a updates can a

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>> mason: want to start a fight inong art lovers? try putting a price tag on some priceless works. here's jim axelrod. >> reporter: norman rockwell spent much of his life in new england capturing the sweet and icntimental in small-town perica. which paints the protests at the berkshire museum in pittsfield, massachusetts with a certain irony. >> bring back the arts! >> reporter: rockwell donated two works here, including his masterpiece "shuffleton's qurbershop." no question. >> no question. >> reporter: when norman rockwell donated these paintings it was with the understanding they would be permanently displayed in the museum. >> of course. he had no idea what the value would become. >> reporter: tom rockwell is norman's grandson. >> he loved that community, so for him it was clearly an intent

to give it to the people of the berkshires and to make it accessible for public view. >> well, we're hoping to raise $50 million. >> reporter: elizabeth mcgraw chairs the berkshire museum's rard. >> the rockwell is, honestly, one of the most valuable pieces tat we do have. >> reporter: with the museum facing tough times, they decided to auction off the rockwells, thich they saw as assets. >> i think it would be a sad state of affairs if this was an empty building, which is what we are facing. >> reporter: is that really the only choice to sell the rockwells or to have an empty building here? >> well, it's-- yeah. >> it just feels like a tragedy to me. >> reporter: the rockwell family ged to stop the sale. >> we kind of feel like he would be rolling over in his grave if he actually knew about this. >> it's a tough decision. it's a tough decision. don't get me wrong. but we have a trust with our usmmunity that we are entrusted pith keeping this museum open. >> reporter: late this afternoon, the court ruled in favor of the museum, leaving

sem free to sell and to remind us all of the difference between money and treasure. jim axelrod, cbs news, pittsfield, massachusetts. >> mason: when art becomes an asset. it would be a shame to see it go. i'm anthony mason in new york. s w back to jeff glor, who has some final thoughts from sutherland springs, texas. jeff. >> glor: anthony, we spent time in the hospital today with a woman who was hit multiple k mes during the attack. lee is learning to walk again, just as sutherland springs is learning to recover. from everything we've seen since this happened, they will do so successfully. from gas stations to coffee hats, to churches, it is a town full of help and hope, not hate, and they are recovering with faith, not fear. that is the "cbs evening news" tnight. much more tomorrow on "cbs this morning." for all of us here, i'm jeff glor. good night. captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org

it's a setback that could push back, the already delayed debut. kpix5 news begins with b.a.r.t.'s brand-new train cars failing a key safety inspection that could push back the already delayed debut. b.a.r.t. was aiming to roll out hundreds of new cars by thanksgiving. >> but now that target is in jeopardy. kpix5's jackie ward is live in oakland with a new snag for the fleet of the future. jackie? >> reporter: don't brand-new sparkling clean b.a.r.t. train cars sound so nice? well, b.a.r.t. riders may have to wait a little bit longer until they're safe enough to get on the tracks. the people i've spoken to here at the lake merritt b.a.r.t. station say they aren't surprised about this potential delay. they just hope it's worth the wait. from chopper 5 this is the shot of a new b.a.r.t. train completely stopped on a track at the heyward yard. >> certainly frustrating because we wanted to get these cars out serving our passengers sooner. we know that they're crowded on old train cars right now, but

we simply can't do it until we're absolutely sure that they're safe and reliable. >> reporter: b.a.r.t. has been telling us to expect to see some of the 775 new trains on the tracks by thanksgiving as they start to replace the 669 grimy, stinky cars. jim allison, a b.a.r.t. spokesperson, says that still may happen. >> it's still within the realm of possibility we'll get everything in order in the next week and a half or so. >> reporter: in a letter to b.a.r.t. the state public utilities commission said it discovered three safety errors during its inspection last friday. they detailed some of the problems. on a 10-car train the system only recognized three of the 10 cars and when the train stopped in the stations, the train operator couldn't open all the doors. b.a.r.t. later said the doors didn't open on seven of the 10 cars because the cars were in a fail safe mode. >> we're not sure why it went into that mode. so right now we're going back through all the diagnostic equipment on board the trains to try to find out what was going on. >> reporter: