♪ suspect in court. a 20-year-old man has been charged with capital murder in the fatal drive-by shooting. >> they charge him with capital murder in the death of jazmin barns. president trump again threatens to go round congress as the stand off with democrats enters its third week. >> this is the first president in history who shut down his own government.he he's fighting for the otec oameric

a counterabout face on syria. >> we won't be finally pulled out until isis is gone. and a 90-year-old woman who risked her life in world war ii, risked her life again. ♪ welcome to the "overnight news." there's been a break in the case of a senseless drive-by murder in houston. it left a 7-year-old girl dead and grieving families searching for answers. they arrested one suspect, erick black jr. they say they found the murder weapon in his home and identified a second suspect who they say likely pulled the trigger. >> reporter: erick black jr. charged this morning with capitol murder in the drive-by shooting death of 7-year-old jazmine barnes. a week-wlaung search for the

gunman was focussed on looking for a white man. >> it was liky a case of mistaken identity. instead they fired on laporsche, jazmine and her siblings. >> reporter: during an early morning coffee run a week ago today. jazmine's mom was struck in the shoulder. >> turn yourself in because we're not going to stop looking. we're going to bring justice to my baby. >> reporter: after her teen age sister described the witness as white, many feared a hate crime. >> he was white and blue eyes. he had a hoody on so i couldn't see his hair, nothing like that. >> reporter: the truck was trying to escape the gun fire. >> we believe now that red truck and the driver is witness either

by sight or sound of what transpired. >> reporter: the th community. close to 1,000 people rallied around the family saturday. >> you owe my family then. we need it right now. >> reporter: a gofund me has topped $70,000. and deandre hopkins pledged his check from the team's playoff game to help jazmine's family. today no less heart ache. the suspect may not have acted alone. the sheriff says others are being interviewed and suggests a second arrest is possible. >> thank you. president trump said today he can retlilate to federal employees going without pay. it's day 16 of the stand off with democrats standing firm that no taxpayer dollars be used

to build a wall. t i bold words and comments, he says the wall is coming. >> reporter: what do you say to those concerned about a delay in tax refunds. >> it will all work out. we need a strong border. >> reporter: reiterated his threat to declare a national emergency, secure money for border security. >> it is national security. it's a national emergency. >> reporter: the president explauned such a move would allow him to circumvent approval and instead use pentagon funds to attain the $5.6 billion he wants for a southern wall for what he now call as steel barrier. house democrat adam schiff is doubtful of the declaration's legality. >> if harry truman couldn't during war time, he can't build

a multibillion dollar wall on the border. >> reporter: democrats refusing to allocate any money for a wall that mr. trump had said mexico would pay for. acting chief of staff says the president's main goal is border security, aiming to change conditions along the mexican border, even if it means moving away from a wall. >> if he moves away from a wall and says a steel fence, so the democrats can say see, he's not building a wall anymore. >> reporter: democratic senator said affected government employees will feel the financial pinch soon. >> as of next friday they'll miss a pay day. that may miss problems with mortgage payments, balancing the budget. this is totally unnecessary. >> reporter: house speaker nancy pelosi says house democrats plan to introduce stand alone bills

but unclear if senate republicans would approve that legislation. >> and the president also confirmed the it deaths of a wanted terrorist. >> reporter: that's right president trump confirming the death of jamal al-badawai. he was culled in an parent drone strike january first and you may rrm that attack on the uss cole killed 17 u.s. sailors back in the year 2000. >> thank you. another top pentagon official has resigned. chief of staff kevin sweeney resigned after serving two years. a retired rear admiral is the third defense department official to step down since the president's controversial plan to withdrawal u.s. troops from syria. and today that plan appeared to change again. >> reporter: while visiting

israel today national security advisor, john bolton, said the american military withdrawal from neighboring syria is now conditioned on defeating the remnants of isis. adding there is no time table for the pull out. it was welcome news for a nation worried about destableation next door and president trump's announcement that he would pull u.s. troops from syria immediately. today trump denied that was ever his plan. >> we are pulling back in syria. we're going to be removing our trooped. i never said we're doing it that quickly. >> reporter: together these comments are the first public conformation he's backing away from the previous timeline. there are currently 2,000 u.s. troops stationed in syria. and while he insisted it's not an unlimited commitment, some questioned how realistic his

terms for troop withdrawal are. one called for turkey to it

this is the cbs overnight news. big parts of the west are dealing with some miserable winter weather. but it was warmer than normal from the rockies east of the aplatchens. >> reporter: heavy rains in southern california push debris and mud on to the pacific coast highway with the wolsey fire burned.

trapping even highway patrol officers who had to dig themselves out. >> there were places in the road where it slid over and there was deep mud. >> reporter: forcing them to abandoned their cars in knee-deep mud and prompting the closure of nearly 20 miles of the highway. further north, winds and high tide in the bay area flooded san francisco's popular embarcadero street. >> i heard that tree crack. >> reporter: hundreds of thousands were without power in the pacific northwest sunday morning after a windstorm knocked down trees and power lines across neighborhoods. >> the window in our bedroom just blew out. >> reporter: wind gusts up to 16 mile-per-hour in seattle. reportedly some of the strongest the city's had in 10 years. they continue to clean up the mess along the pacific coast highway. and while the mud appears to be

drying out, there's more heavy rain in the forecast. kevin spacey is expected to be arraigned tomorrow in a nantucket, massachusetts courtroom. he's accused of sexually groping a young man in 2016. spacey argued he should be excused from appearing in court because it could magnify the negative publicity surrounding the case. the judge rejected that request. critics took aim after a video from her college days was posted online the eve of her swearing in. but if it was meant to embarrass, it did not work. ocasio-cortez showed this, a dance into her new office. she's talking about her new job to "60 minutes."

>> i understood the frustration across the spectsroom. when anybody is saying the economy is going great, we're at record levels, there's a frustration the economy's good for who? >> unemployment is at record lows. >> i don't think that tells the whole story. when you can't provide for your kids, working two full-time jobs. when you can't have health care, that is not dignified. >> cbs news is set to launch a new web series. down to earth deals with issues around the world. the it first episode is called "the it brave ones" about a special forces team in zimbabwe made up entirely of women. here's a preview. >> trying to use the shadows. just move through the trees, move through the shadows like a ghost.

>> reporter: so you start talking about it, you get angry and what do you do? >> he clubs me, hits me. >> we thought by putting them through our version special forces that we're putting them through hell. but the reality is they'd already been through it. >> i can do something. no man is going to challenge me again. >> the cbs news series down to earth appears tomorrow on facebook. coming up a new order in court as 17 judges in texas are sworn in. and later a major setback cleaning opfloating garbage dump. u floating garbage

dump. p floating garbage dump. floating garbage dump. a floating garbage dump.

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in texas 19 african-american women ran for judgeships under a common campaign theme and they won. >> we put in the work on the campaign trail.>> weinitely voc present. >> and maybe we're just a little bit more noticeable. >> reporter: they were part of a movement that flipped the court houses blue. >> texas and harris county is ready to embrace the diversity that we have in our state. >> reporter: the 17 newly elected judges promising perspectbive and fairness. >> they are going to get the very best opportunity for justice. >> reporter: they first had to capture voters' atepgzs. >> we realized it's 19 of us.

>> we need to embrace the significance of having so many of us. >> reporter: so why not show us. enter a political strategist. he arranged the photo shoot that produced this snap shot. >> they wanted to see real women and the power and strength of black women. >> black girl magic. >> reporter: went viral. the hashtag isn't new. it's promoted black female pride for years, but as a slogan for a political campaign, it was lighting in a bottle. >> i think that motivated our community to get out and vote. >> reporter: with more than 4 and a half million residents, harris county is bir bigger in population in both racial and economic diversity, still it accounted for 1/5 of all texas

children locked up in 2017. democrats won on reforming that system which now faces multiple discrimination lawsuits. >> i felt like i was making a difference. >> reporter: an african-american army veteran says he lost on election day because who's a republican. >> what we should be is independent. >> reporter: while applauding the new female block, he says moderate voices like his were drowned out because of straight ticket voting. >> the bottom line is we're selecting our judges based on party. >> reporter: the irony is straight tick it voting in texas will end before the 2020 election. this new slate of judges was sworn in on new year's day. >> a lot of a judges win with, get on the bench and you won't see them again until election time. >> we want to stay in the

community and keep the community engaged in what we're doing in our courts. i think that would make a difference. up next, a gadget designed to collect ocean garbage breaks down. ok i'll admit. i didn't keep my place as clean as i would like 'cuz i'm way too busy. who's got the time to chase around down dirt, dust and hair? so now, i use heavy duty swiffer sweeper and dusters. for hard-to-reach places, duster makes it easy to clean. it captures dust in one swipe. ha! gotcha! and (new) sweeper heavy duty cloths lock away a twice as much dirt and dust. it gets stuff deep in the grooves other tools can miss. you know what? my place is a lot cleaner now.

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it was supposed to be a simple mission. use a high tech device to skim nearly 2 trillion pieces of plastic from the pacific ocean but it's gone bust. here's carter evans. >> reporter: 2,000-foot long ocean clean up system left them with expectations. a giant floating mass twice the size of texas. but now after months at sea there are major setbacks, says 24-year-old dutch inventor. >> did the pipe itself crack? >> so we see a 60-foot section of the 2,000 feet long pipe that has detached.

>> reporter: just before the launch, he took us on the water and had reservations. are you sure it will work? >> no. that's what we'll see in the coming monthess. >> reporter: during that time it formed a u-shape. it was supposed to catch the plastic but that also didn't go as planned. >> it's not able to retain the plastic well. we sometimes see it floating out again. >> reporter: it picked up not nearly enough according to some criticess. >> you'll have more there next week and the week after. so the real answer is to not consume so many plastics. >> reporter: despite setbacks, do you think it's a viable system? >> i don't think we have much choice. this plastic doesn't go away by itself. >> reporter: the clean-up device is being towed to hawaii where

they hope to be back out in the great pacific garbage patch in the next few months.

and finally tonight a 90-year-old woman took it off on the second most dangerous mission of her life thanks to an organization called wish of a lifetime. >> this is marguerite. >> reporter: marguerite miller is about to be granted her highest wish. >> we're going to be going up to almost 13,000 feet. >> reporter: at age 90 she's going sky diving. >> i was hoping high enough that i can stay up there as long as possible. >> reporter: she's wanted to do this since she was a teenager when she first witnessed bravery during world war rom roam 2. >> i just remember those days.

our house was bombed down and we lost everything. >> reporter: they risked their lives as part of the resistance. they saved allied forces including airmen by hiding them in their apartment when they were shot down. >> we see them coming down in parachutes and afterwards we heard the stories of the air mn we hadi in the apartment and that's how they escaped. they all arrived back safely in this country. >> reporter: and now it was marguerite's turn to experience what it feels like to parachute out of a plane. >> i wanted to experience what my husband experienced. >> reporter: her husband, ed miller, was also shot down in france.

now 14 years after allied airmn came in to free her homeland, she floats freely over the united states of america. what are we to take away from what you and your mother did? >> you must always help your country as much as you can and be proud. >> it was wonderful. >> reporter: david beckham, cbs news. >> a remarkable perspective. and that's the overnight news for this monday. supersome the news continues. for others check back a little later for the morning news and cbs this morning.

♪ this is "the cbs overnight news." welcome to the overnight news. there's been a break in the case of a senseless drive-by murder in houston. it left grieving families searching for answers. sheriff's deputies arrested one suspect, eric black jr. during a routine traffic stop. they found the murder weapon in his home and identified a second suspect who they say likely pulled the trigger. orter: eric black jr. charged in the drive-by shooting death of jazmine barnes.

he acknowledged he had a role for the shooting. a week-long search was focussed on looking for a white man. >> the intender targets were likely someone else but instead they filed on laporsche, jazmine and her siblings. >> reporter: the second grader's death led to an intense man hunt after she was shot in the head during an early morning coffee run a week ago today. jasmine's mom was shot in the shoulder. >> turn yourself in because we're not going to stop looking. we're going to bring justice to my baby. >> reporter: after jazmine's teen age sister described the shooter as white and helped with this suspect sketch, many feared a hate crime. >> he was white and blue eyes and that was hit because he had a hoody on so i couldn't see his hair or nothing like that. >> we believe now that that red

truck and the driver is sight or sound to what actually transpired. >> reporter: the seemingly random shooting mobilized the community. close to 1,000 people rallied around the family saturday vowing to help find the killer. >> you owe my family this. we need right now. justice for jazmine. >> reporter: a gofundsme has topped $75,000. and deandre hopkins pledged his check to the family. they may not have aced alone. they suggest a second arests is possible. >> thank you. president trump said today he can retliet federal employees going without pay during the partial government shutdown. it's day 16 of the stand off

with democrats standing firm that no taxpayer dollars be used to build a wall but a new comment and bold letters mr. trump says the wall is coming. errol barnette is at the white house. >> it will all work out. what we need is we need a strong border. >> reporter: president trump returning from camp david reiterated his threat to declare a national emergency and secure money for border security. >> it is national security. it's a national emergency. >> reporter: the president explained it would allow him to instead use pentagon funds to attain the fiver.6 billion he wants for a southern wall for what he now call as steel barrier. house democrat adam schiff is doubtful of the declaration's legality. >> if harry truman couldn't nationalize the steel industry during war time, this president

doesn't have the power to build multibillion dollar wall on the border. >> reporter: and democrats refusing to allocate any money for a wall that trump had said mexico would pay for. nick mulvaney says the president's main goal is border security, aiming to change conditions even if it means moving away from a wall. >> if he has to move away from concrete wall so democrats can say see, he's not building a wall anymore, that -- >> reporter: with partial government shutdown moving into a third week, durbin said government employees will feel the financial pinch soon. >> as of next friday they'll miss a pay day. that could mean missing mortgage payments. this is totally unnecessary. >> reporter: now house speaker nancy pelosi says house

democrats plan to introduce stands-alone bills this week dh would reopen agencies like the treasury but it's unclear if they would approve that legislation. >> and the president confirmed the death of a wanted terrorist. >> reporter: that's right. president trump confirming the death of jamal al-badawi. he's believed to be one of the master minds behind the uss cole. he was killed in an parent drone strike in yemen. it killed 17 u.s. sailers back in the year 2000. >> thank you. another top pentagon official has resigned. chief of staff kevin sweeney resigned after serving two years. a retired reared admiral.

he's tlr third to retire. >> reporter: the military withdrawal is now conditioned on defeating the remnants of isis. adding there is no time table for the pullout. it was welcome news for a nation worried about destabilization next door and a major step back from president trump's parent announcement that he would pull u.s. troops from syria immediately. trump denied that was ever his plan. >> we're going to be removing our troops. i never said we're doing it that quickly. >> reporter: these comments are the first public conformation the white house is backing away from its previous timeline. there are currently 2,000 u.s. troops stationed in syria. and while it's not an unlimited

commitment, some questioned how realistic his terms for a troop withdrawal are. one condition calls for turkey to insure the safety of u.s. allied fighters but considers them a terrorist group and such a promise seems unlikely. he discussed his withdrawal plan at a dinner tonight. but the real test will be on tuesday. that's when bolton meets with turkey president. >> thank dwrou. kevin spacey is expected to be arraigned tomorrow in a nantucket, massachusetts courtroom. the oscar-winning actor is accused of sexually assaulting a young man in 2016. he argued he shouldn't apoor in court because it could magnify the case. the judge denied that request.

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this is the "cbs overnight news." talks are expected to heat up today when the democratic leaders of congress rejoin the negotiation. the new speaker of the house of representatives has vowed to any money for president trump's long promised border wall. >> i now call the house to order on behalf of all of america's children. >> reporter: nancy pelosi capped her comeback this past week surouned by children. the california democrat elected

once again, the speaker of the united states house of representatives. >> you've become the most powerful woman in american history. >> isn't that funny. sadly i was hoping we would have a woman president just two years ago. >> well, that didn't happen. well, spooker pelosi is the most powerful woman in american politics. but you can't make the government open. >> speaker has awesome powers but if the president is of the united states is against government and doesn't care whether people's needs are met or that public employees are paid or we can have a legitimate discussion, then we have a problem and we need take to the american people. >> nancy pelosi, i extend to you this gavel. >> if we don't have border security, we'll shutdown the government.

>> reporter: in the midst of a government shutdown. 800,000 federal government employees furloughed or working without pay. national parks and museums closed. >> we're going to build a wall, don't worry about it. >> reporter: president trump is demanding fiver.6 billion to fulfill his campaign promise of a wall. >> you can call it a barrier, whatever you want. >> reporter: pelosi has blocked any funding to build it. a tense stand off friday lasted two hours. >> he said he'd keep the government closed for a very long period of time, months ooreven years. >> did you say that? >> yes, i did. absolutely i said that. >> reporter: was that bluster? hyperbole? >> well, i home so but the fact is he's said it again and again.

>> reporter: are you calibrating your assessment of how you can work with this president? >> let me say our purpose was to epioen up government. the impression you get that he would not only like the close government, build a wall and also abolish congress so the only voice that matards was his own. >> reporter: pelosi is described as a matteser legislative strategist. >> the house will come to it order. >> reporter: the first woman elected speaker of the house in 2007 she was a fierce critic of then president george w. bush but pelosi rounded up democratic votes to help him pass an economic bailout package. pelosi again delivered the votes for thufordable care act in 2010 which republicans dericively call canned obamacare. >> god bless you, speaker boehner.

>> reporter: and that fall they retook the house. nancy pelosi is arguably the most galvanizing and polarizing figure in politics. >> pelosi's san francisco vamus are wrong. >> another two-faced pelosi liberal. >> reporter: she would not argue, having been featured in thousands of ads. >> pelosi's wrong. it's time to change washington. >> you go into the arena and you understand that you will be a target. and that isn't anything that should keep you out of the arena. i would say to women just be yourself. be who you are. >> reporter: did you learn that from the experience of being a target? >> yeah, i think. i think so. if you're effective, you're a target there's no question. so they have to undermine. but that's their problem. >> would you vote for nancy

pelosi for house democratic leader? >> reporter: she even faced a revolt from members of her own party who called for a new generation of democratic leaders to take on president trump. >> nancy's in a situation where it's not easy for her to talk right now. >> reporter: but going toe to toe in a televised stand off with the president may have helped seal the deal. >> please don't characterize the strength i bring as a leader of the house democrats who just 1 rar big victory. >> reporter: and she left that white house meeting in shades a flaming red power coat that made her a social media celebrity. >> house democrats are down with ndp. >> reporter: result on thursday many of her staunchest critics. >> ryan, pelosi. >> reporter: ended up casting votes for nancy pelosi. counting votes is in her blood.

she was born the daughter of a congressman. later the long-time mayor of baltimore. she was the youngest of seven and the only girl. married at 23, she ehad five children. while active in politics, she didn't begin a political career until age 47. >> my youngest daughter, alexandra was going into senior year. and i said mommy has a chance to run for congress but you have one more year at home, so i'm hesitant to do that. if you don't think i should go, i won't and i'm happy with that decision and she said mother, get a life. what teen age girl wouldn't want her mother out of the house three night as week?ad never hen get a life but then i did. >> here is the very straight line from the center of the

capitol, washington monument -- >> reporter: three decades later she once again has the top job in congress and the best view in washington. a capitol on edge. will the next congress be remembered for impeachment or remembered for something else? >> well, we will talk about what we talked about in the campaign. for the people. lower health care costs by reducing the costs of prescription drugs and building bugger paychecks by building infrastructure of america. >> so not impeachment? >> that would be depending on what comes forlgt from the special counsel's office. if and when the time comes for impeachment, it will have to have such a cresendo in a bipartisan way. >> i have to congratulate nancy

pelosi -- >> reporter: the president had kind words for pelosi. >> i think it's going to work out. i think it will be a little bit different than lot of people are thinking. >> reporter: president trump hasn't given you a nickname that i know of. >> that i know of. >> reporter: me it means he doesn't regard you that seriously that you need a got to cut her down nickname or that he has some respect for you. >> well, in either case it doesn't matter to me. what matters to me is that he recognize that the congress of the united states is the first branch of government, that we're co equal branch of government and that we are represent the people and that when we go to the table to speak with him respect the branch he represents, which is the office of president and we want thum

respelkt our branch. we shall see. it isn't so much about him. it's about the office that he holds. the presidency of the united states. sometimes i think i respect the office he holds more than he does. >> reporter: as the first woman elected speaker of the house, nancy pelosi's place in history was already secure. but her defining role in history may lie ahead. >> if hillary clinton had won and i would have been happy to go home. i have options. >> reporter: you would have retired? >> well, i dont know if i'd retire. i see my role as more of a mission than job tenure. and when the mission is

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china has joined the space race in a big way, becoming the first to land a spacecraft on the dark side of the moon. >> reporter: the chinese have landed. their rover's high definition images show the moon's far side, the one that never faces earth.

china intends to be a space power, to walk on the moon and eventually establish a lunar base. the asia society isaac stone fish is an expert on u.s./china relgszs. >> what a change it's been when the question was can china innovate? and now it's more of a question of are they reaching parity and what happens next? >> one small tep for man, one giant leap for mankind. >> reporter: all six crude apollo flights landed on the moon's near side. 12 men all american left flags and foot prints. it the last time in 1972. nasa's focus then shifted to low earth orbit. in 2017 president trump signed space policy directive number one. the moon is again america's top space flight priority.

>> it's time to take all of what we've learned on the international space station and go eto the next step for a permanent presence on and at the moon. >> reporter: nasa's administrator talked to us about the symbolic and scientific value of landing agon on the moon. >> we're the only nation on earth that's done it. >> reporter: how important to deeper spacex ploration is a lunar presence? >> this gives us an opportunity to prove how are we going to live and work for a length and period of time on a world that's not on our own? >> reporter: nasa's calling for the lunar gateway, the next step to a mars mission. partners will include other countries and companies. >> we are reaching a new era of u.s./china relations that sooms

to find more by competition than collaboration. a space race could certainly be a part of this future. when you humble yourself under the mighty hand of god, in due time he will exalt you. hi, i'm joel osteen. i'm excited about being with you every week. i hope you'll tune in. you'll be inspired, you'll be encouraged. i'm looking forward to seeing you right here. you are fully loaded and completely equipped for the race that's been designed for you. deal talk!

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another great deal from jack in the box. uh.. don't forget to walk him twice a day. aqtsz heart warming story of a good deed by a young man in need of a helping hand. >> reporter: many homeless are haunted by drug addiction, mental illness or a criminal past. indeed elmer alvarez knows all those demons, but he says just because a person is without a home, doesn't mean they're devoid of character. for example the day he found a check. for $10,000. >> right over here. >> reporter: had you seen thatmany zeros in your life? >> not really. the first thing that dame to my mind was i got to look for this person.

>> reporter: not ib can cash this check and change my mind. >> i've been clean for three years. >> reporter: congratulations. >> thank you. >> reporter: the money belonged to new haven, connecticut real estate worker. she recorded the meeting with with good samaritan. >> i expected to see a guy nicely cleanly shaven like you. and instead she got elmer who cried when roberta offered him a reward. this all happened about a year ago but the best part of the story is what happened since. she paid his frent seven months and put him through real estate school and together they're working on a real estate project. won't make him a dime but could be very rewarding. in the next year they floon build a transitional house for

homeless teenagers and young adults. will provide all kinds services that people think are crucial. >> i know what it's like the be homeless. nobody deserves to live like that. >> reporter: rubrltau could not agree more. >> because i remember what it felt like to be in that shelter. >> reporter: before she built her multimillion dollar company, roberta was homeless. a teen age mom who worked her way out of poverty and giving elmer a chance to make his dream come true as well. eventually he'll serve as an advisor at the transitional house. >> reporter: you could end up helping a lot of kids. >> that's what i want to do. it's amazing. >> reporter: steve hartman on the road in new haven, connecticut. and that's the overnight news for this monday. for some of you the news continues, for others check back

a little later for the morning news. captioning funded by cbs it's monday, january 7th, 2019. this is the "cbs morning news." a government in limbo. the partial shutdown drags into a third week as the white house says it's made a concession in border wall talks. the west coast is getting walloped with stormy weather. the effect it will have on the rest of the country. and the unexpected winners at the golden globe awards. good morning from the studio