in dallas topping 100 degrees. >> chris, thank you. tonight cbs news has learned the suspected mastermind of the september 11th terror attacks along with four other defendants could escape the death penalty under a plea agreement being considered. cbs's scott macfarlane reports details about the possible deal were sent to family members of some of those killed, and many are outraged. >> reporter: for families who lost loved ones on 9/11, it's been an excruciating wait for the trial of suspected mastermind khalid sheikh mohammed and four other accused plotters. there's now fresh outrage for kristin bright wiser, whose husband died in the world trade center after the pentagon sent this letter to families, revealing plea deals are being considered in which the five men would accept criminal responsibility for their actions and please guilty in exchange for not receiving the death penalty. >> i thought i lived in the united states of america. i thought we were a nation based upon the rule of law, and obviously that's turned out not

to be the case. >> reporter: the prosecutions of the 9/11 defendants at guantanamo bay have been delayed for years, mainly complicated by the cia's interrogation of the suspects the critics called torture, and whether the evidence extracted is admissible in court. a defense lawyer for one of the accused plotters told cbs's catherine herridge last year a plea deal would end the impasse. >> he is willing to plead guilty, serve a long sentence at guantanamo in exchange for medical care for his torture and taking the death penalty off the table. >> reporter: that doesn't satisfy brad blakeman, who lost his nephew, tommy jergen, in the world trade center. >> we were told and we were promised that we would bring these people responsible to justice, and we expect that to happen. >> reporter: through the years, there have been proposals to move the trials from military tribunals to civilian court, but that idea faced stiff resistance in congress, worried about the security and the costs of moving

cases out of gitmo, norah. >> i'm still thinking about all those 9/11 families. scott macfarlane, thank you. a texas woman is in jail tonight, held without bail for allegedly making racially charged death threats against the federal judge overseeing former president donald trump's election interference case right here in washington. officials say that abigail joe sharai left a message earlier this month threatening to kill judge tanya chutkan, calling her a slave and the n-word. several members of the grand jury that indicted trump are facing threats after their personal information was leaked. tonight, law enforcement agencies in and around america's second largest city are joining forces to crack down on a wave of flash mob robberies. los angeles area retailers have lost $1 million in stolen goods. here's tina patel of our cbs los angeles station. >> reporter: in the last two weeks, a spike in flash mob robberies in at least a dozen high-end stores has prompted the city of l.a. to take action and

launch a new organized retail task force to crack down on gang-led crime. organized retail thefts, including smash-and-grabs and grab-and-goes and several shops including nike, gucci, yves saint laurent, and the brazen robbery at a nordstrom where more than $300,000 of luxury items were stolen. just some of the recent incidents. >> no angeleno should feel like it is not safe to go shopping in los angeles. >> reporter: there have been about 170 organized retail thefts in l.a. in the last two years, and this is not only a problem here. across the country, shoplifting and organized retail theft cost retailers an estimated $69 billion a year. despite a new federal law preventing the sale of stolen goods online, some still make it to online markets. >> when these real high-end crimes are taking place of purses that might cost $10,000 or 25 thoi dollars, you know, they're being sold online. >> reporter: online retailer

ebay partners with law enforcement to flag stolen goods. >> it's where we work collaboratively with retailers to identify types of goods that make be stolen and work with law enforcement to bring prosecution to people that may be committing crimes. >> reporter: the city's plan includes 22 full-time investigators and one dedicated prosecutor to review cases. just today, glendale police announced the first arrest in the saint laurent case. by the way, this type of retail theft costs the average american family more than $500 each year in higher merchandise costs. norah. >> tina patel, thank you. a judge in mississippi declared a mistrial today in the case against two white men accused of chasing and shooting at a black fedex driver. the judge said he had no choice because of a police detective's improper testimony and failure to share evidence. the father and son are charged with attempted murder. the fedex driver was not hurt. no word yet on when the retrial will begin. there's a lot more news

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hear the future being built. >> that noise we're hearing, that's what's called made in america. >> that's made in america, no doubt. >> reporter: wally naquin is the general manage of laship. >> this thing is so huge. >> yes, she's huge. >> reporter: the company is constructing the first vessel in the nation to service offshore wind turbines now being installed along the east coast. the ship is essentially a floating hotel for 60 technicians who will spend months at sea. they use an innovative bridge system to walk directly from the boat to the wind turbines. >> how unique is this compared to other stuff you've built? >> it's -- it's completely unique. we're stepping away from oil and gas and going into the wind industry. >> reporter: for generations, gulf coast shipyards have serviced the oil and gas industry. those jobs have been declining for years. >> this is very cool. >> reporter: now with wind industry business blowing his

way, naquin's shipyard has gone from less than 100 workers to more than 600. >> we don't have to do any layoffs because of the wind industry. it's renewed our -- not just our shipyard. it's renewed southeast louisiana that we're keeping people working. >> reporter: right now the u.s. produces only enough offshore wind energy to power about 32,000 homes. the white house wants to hit 10 million homes by 2030 and claims offshore wind will eventually create 77,000 jobs, many of them in shipbuilding. >> right now we have 33 vessels under construction in the u.s. to support the offshore wind sector. we need 50 to 60 more just for the 17 projects that we're talking about that are on the east coast right now under development. >> reporter: this shipyard is already building its second vessel and expects offshore wind to power a decade of steady work. >> we're built on the oil and gas industry.

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in tonight's money watch, gas prices are back on the rise. aaa says a gallon of regular is averaging $3.87. that's actually up a nickel from last week and more than 30 cents higher than a month ago. aaa says prices at the pump are being driven up by the threat of hurricanes and severe heat, and there's this. long-term mortgage rates jumped this week to over 7% and are now at the highest level in 21 years. it's bad news for home buyers already facing high prices and a shortage of available homes. a wildfire forces 20,000 people in canada to leave their homes and scramble to safety. that's next.

a mass evacuation is under way with 20,000 people trying to escape a raging wildfire that's threatening the city of yellow knife, canada. that's the capital of the north west territories. the only highway in the remote area has been jammed with cars and trucks. planes are now carrying people to safety. the wildfire one of nearly 1,100 burning across canada, could reach the outskirts of the city by the weekend. an a

finally tonight, honor, respect, and selfless service. those words describe the men and women of america's armed forces. cbs's david martin reports tonight on one soldier's steady commitment to her country. >> reporter: if you want to know

what dedication to duty means, there is no better example than the 21 steps of private first class jessica kwiatkowski. >> i am a tomb guard, and this is my job. >> reporter: the 21 steps symbolize a 21 gun salute at the tomb of the unknown soldier at arlington national cemetery. ket under round the clock guard no matter the conditions. kwiatkowski remembers the first time she saw the solemn ritual. >> it was like -- honestly like seeing like a superstar in front of you. like you're awestruck. >> reporter: then one day last month, it rained, really rained, with wind gusting to 85 miles an hour. >> it was coming down so hard, it got all my glasses, and i couldn't see outside. >> how do you walk a straight line if you can't see? >> i was just trying my best honestly, and the wind was not helping at all. >> and there was lightning. >> it made me jump a little because it shook the ground a little bit. >> reporter: there's a green guard box she could have taken

shelter in. >> why not stay in the box? >> it's just my job, and i wouldn't have it any other way. i'd rather be out in the rain than stay in the box. >> reporter: we would never have known about private kwiatkowski's dedication had not a tourist posted this video. 21 steps that say it all. david martin at the tomb of the unknown soldier, arlington national cemetery. and that's the overnight news for this friday. for some of you, the news continues. for others, check back later for "cbs mornings." and you could follow us online anytime at cbsnews.com. reporting from the nation's capital, i'm norah o'donnell. this is "cbs news flash." i'm shanelle kaul in new york. the administrator of maui's emergency management agency has

resigned, citing health reasons. herman andaya has received criticism in recent days over his decision not to activate maui's emergency sirens as the wildfires were spreading. the national weather service has upgraded hurricane hilary to a category 3 storm. heavy rain is expected from mexico in the southwestern u.s. this weekend. if it makes landfall in california, it would be the first hurricane to hit the state since 1858. and the women's world cup final will be held in sydney, australia, on sunday. the match pits spain against england. both nations are looking for their first women's world cup. for more, download the cbs news app on your cell phone or connected tv. i'm shanelle kaul, cbs news, new york. >> announcer: this is the "cbs overnight news." we begin tonight on maui

with new questions and growing anger on what could have been done to prevent the deadliest wildfire in the u.s. in more than a century. the death toll is rising, and it's possible more than 1,000 people are still unaccounted for. tonight fema is telling cbs news that many people died in their homes, and it may take years to identify all the remains. officials say just 40% of the impacted area has been searched. the state's emergency management director remains defiant in face of questions, including from cbs news about why he didn't use warning sirens to alert residents as the flames approached. late this afternoon, hawaii's attorney general announced plans for a third-party private organization to review the performance of state and county agencies in preparation and response to the fires. we have team coverage on the ground on maui, and cbs's jonathan vigliotti will start us off again tonight from lahaina with new reporting. good evening, jonathan. >> reporter: good evening to you, norah. tonight as the death toll climbs to 111, fema officials tell me

many of the victims have been found in their homes and in their beds. many are likely children and had no idea the flames were approaching. and we now know that the sirens did work but, in those critical hours, were intentionally not used. this harrowing video shows people on maui desperately seeking refuge in a pool as an inferno burned all around them during last week's wildfires. and now as fema crews continue the grueling search for victims, it's becoming clear many were either unaware or had little chance to escape the fast-approaching flames. >> where are you finding most of the remains? >> anywhere where there's a bed. >> people were asleep? >> people were asleep. people were in various stages of fleeing their location. >> reporter: fema task force leader todd magliocca described the horrors his team has been encountering. >> we've heard that so many of the missing are kids. does that reflect in what you're seeing? >> the devastation is so severe, a lot of the remains that we're

finding are almost unrecognizable. we've got multiple generations living in singular homes. >> reporter: the fire that had been declared 100% contained flared up again around 3:30 p.m. roadways into lahaina were closed. by then, hurricane-force winds had knocked out power to much of the town. it was 5:15 p.m., nearly two hours after the flare-up, that the flames reached front street according to witnesses who spoke with "the new york times." >> oh, my gosh. >> reporter: the whole time, the sirens were silent. herman andaya, the head of maui's emergency management agency, publicly defended his actions for the first time at a press conference wednesday. >> do you regret not sounding the sirens? >> i -- i do not. and the reason why -- >> so many people said they could have been saved if they had time to escape. had a siren gone off, they would have known that there was a crisis emerging. >> the sirens, as i had

mentioned earlier, is used primarily for tsunami. the public is trained to seek higher ground in the event that the siren is sounded. and if that was the case, then they would have gone into the fire. >> reporter: and tonight new questions about exactly where andaya was while lahaina burned. we know he was attending a conference on oahu. according to hawaii news now, a hotel receipt shows a departure date of wednesday, august 9th, the day after the fire started. exactly when he left is unclear. we have reached out to county officials about andaya's whereabouts. we have not heard back. meanwhile, we are learning more about the emotional toll first responders are facing. some have actually returned back home, overwhelmed by what they're finding in the ashes, norah. >> jonathan vigliotti with those important questions, thank you. while the wildfires have taken lives, there's growing concern developers are now trying to take the land. nearly 3,000 structures on maui were affected by the fires, and the cost of rebuilding is in the billions. real estate investors are

already making offers with some accusing them of putting profits over people. residents are telling cbs's lilia luciano maui is not for sale. >> reporter: there's a new worry for lahaina residents who survived the inferno. >> lahaina is not for sale. i repeat, lahaina is not for sale. >> reporter: hawaii's governor is considering a moratorium on all land transactions in lahaina to protect locals from opportunistic buyers. >> please don't approach them with an offer to buy land. please don't approach their families to tell them that they're going to be better off if they make a deal. >> reporter: hawaii already has the highest housing costs in the nation with homeownership out of reach for many residents. on maui, the average home price is now $1.2 million while the average income stood at just $88,000. archie kalepa, a ninth-generation lahaina elder, says the recovery must be in the hands of locals and natives. >> we're here to hold the line.

we are here to hold the lines and get the rest of the state of hawaii behind us. >> rporter: that's what kylie and her partner, ray, did when they took in a three-generation family of residents who lost their home in lahaina. >> we were already at a housing crisis. we just want -- we just want them to stay. >> reporter: they're also holding the line by expanding their family from two to six. >> ohana. >> what does that mean? >> family. it's a hawaiian word for family. >> reporter: and those aren't just any lands that are feared up for grabs. lahaina was the capital of the hawaiian kingdom. it holds the sacred burial grounds of ancestors and kings. still, the natives' connection to the land isn't just historic or cultural. norah, it is spiritual. >> such an important point. lilia luciano, thank you so much. well, now to the weather. with hurricane hilary gaining strength in the pacific, it could become the first tropical

storm to make landfall in california in 84 years. so for more on the storm and the persistent heat, let's bring in chris warren from our partners at the weather channel. good evening, chris. good evening, norah. hilary rapidly intensifying into an impressive-looking storm, and it is expected to get even stronger as it heads to the north. looking at the possibility of a major category 4 hurricane by saturday on its way up, while it's weakening, but on its way up to southern california, including san diego, los angeles, and possibly more areas inland. there could be some wind effects. we'll have to watch that. but heavy rain does look like the big concern. flooding, possible mudslides and landslides, can't rule that out. the storm is making its way on the western side of a big ridge of high pressure, and under that heat dome here once again, norah, temperatures in dallas topping 100 degrees. >> chris, thank you. a texas woman is in jail

tonight held without bail for allegedly making racially charged death threats against a federal judge overseeing former president donald trump's election interference case right here in washington. officials say that abigail joe sharai left a message earlier this month threatening to kill judge tanya chutkan, calling her a slave and the n. word. several members of the grand jury that indicted trump are facing threats after their personal information was leaked. there's a lot more news ahead on the "cbs overnight news." do you shop for vitamins at walmart? force factor products powerfully improve your health, but they're also delicious, easy to use, and affordable. that's why force factor is now the number one best selling herbs and supplements brand at walmart. unleash your potential with force factor at walmart. new dove men bodywash gives you 24 hours of nourishing micromoisture.

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>> announcer: this is the "cbs overnight news." i'm scott macfarlane in

washington. thanks for staying with us. the treasury department has imposed sanctions on four russians in the near fatal poisoning of opposition leader alexei navalny. all four work for moscow's fsb spy agency. navalny survived the assassination attempt but is serving a long sentence in a russian president. in ukraine, moscow's forces are on the offensie around the city of croupian sk. it's just 25 miles from the russian border, and it has changed hands twice since the start of the invasion. meanwhile, ukrainian troops continue to make slow progress in the south. what's holding up the three-month counteroffensive? debora patta spoke with ukraine's deputy defense minister. >> reporter: jubilation and celebration. ukrainian soldiers have reclaimed the tiny village in this grinding summer offensive, gains are measured in inches.

russia has dug in deep. from the ground, ukrainians face fields packed with deadly explosives. from the sky, relentless bombardment. in one week, russia uses nearly half a million artillery shells, deputy defense minister hannah mailer told us. "we have ten times less." but there is an outsized importance to the recapture of a village that's less than one square mile. russians are mining in three layers, and our forces have finally broken through the first line of their defense, mailer explained. the liberation of urajanay is the result. this has opened up more firing positions for ukrainian troops as they push forward to russian strongholds further south. and for those bemoaning the painstakingly slow progress of the offensive, the question is not how many kilometers we've advanced, mailer said. the point is that we're

advancing at all. after all, she agrees, this is not a hollywood action movie. ukrainian forces won't have much time to celebrate this tiny victory. they face one of their toughest challenges yet, punching through an even bigger and more heavily fortified russian defense line. >> that was debora patta in ukraine. here in the u.s., a hero of the vietnam war is finally getting the recognition denied him for decades. catherine herridge has been following the story of retired colonel paris davis. >> reporter: when president biden awarded the medal of honor to retired colonel paris davis in march -- >> we honor a true hero of our nation. >> reporter: -- it righted a nearly six-decade-old wrong for one of the first black officers in the elite green berets. >> since the white house ceremony, what's changed? >> everything. >> reporter: americans have taken the 84-year-old davis into their hearts.

>> i couldn't go anywhere that someone didn't recognize me or come over and say, "thanks for your service." >> reporter: they've sent handmade cards. >> most of them were "we love you. congratulations." >> reporter: he's even thrown out the first pitch at nationals park. [ applause ] but some still ask why his medal of honor paperwork for rescuing two severely injured soldiers in vietnam vanished twice at the height of the civil rights movement. >> people were really interested in finding out what the hell happened, and i would always say, that was then. this is now. >> reporter: and now another honor. his name engraved in the medal of honor wall at the national museum of the u.s. army. >> never forget who we are and what america stands for. >> reporter: as davis secures his place in special forces history. catherine herridge, cbs news, fort belvoir, virginia.

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♪ climbing up ♪ >> how would you describe your relationship with storm? >> brotherly love. >> reporter: something happened when aubrey powell and storm ferguson collaborated. >> we had a confidence together. ♪ >> reporter: as the design team hypnosis, duo created dozens of rock's most iconic album covers for pink floyd, led zeppelin. ♪ ac/dc ♪ dirty deeds done dirt cheap ♪ >> basically what happened is plier to sergeant pepper by peter blake, album covers are very much just a picture of the band on the front with their names in big white letters. i saw that and suddenly went, you know what? this is the way forward.

>> reporter: between 1967 and 1983, they designed more than 400 album sleeves. template for what you were doing. >> nothing at all. >> yeah. >> we were busking. >> rporter: pope howell and storm fergerson had met in cambridge. >> we were all friends with pink floyd way before they were pink floyd, in cambridge. ♪ taking away the moments that make up the day ♪ >> reporter: in 1967, the band gave them their first job, creating the psychedelic cover for their album "a saucer full of secrets". >> and that's what i thought we needed, something a bit more unusual and wilder, i guess. >> reporter: in the new documentary, "squaring the circle," the story of hypnosis, david gilmore says he put his faith in the two art students. then for pink floyd's 1970 album "adam heart mother" --

>> storm said, let's just do a cover that's completely meaningless, has no meaning whatsoever. what's the most meaningless ting we can do? we'll just get a picture of a cow and stick it on there. >> all i did was i drove out of london. this is the first cow i saw. >> the band liked it. how did the label like it? >> not a lot. the label didn't like us at all. no labels liked us. >> reporter: anton cor ben directed the documentary. >> when you look at their work, what do you see? >> the sleeve is the portal to the music. so they kind of translate the listening experience. ♪ >> reporter: working out of a dingy studio on london's denmark street, hypnosis would become rock's most sought-after sleeve designers. >> 1973 was the tipping point for us. we did band on the run with paul mccartney. ♪ band on the run ♪ >> we did house of the holy for

led zeppelin. and we did dots -- for pink floyd. ♪ it was a magical year. >> reporter: pink floyd had asked for something different for "dark side of the moon." >> storm saw me thumbing through a magazine about the refraction of light and suddenly went, i've gt it, bang. >> we submitted it to the band along with six other roughs and they stood around and went, no, no, no, no yes. no, no, yes. and it took about two minutes. >> it was unanimous and instantaneous and unequivocal and direct. >> reporter: but roger waters wasn't the only one irritated at times by storm thorgerson. >> he was insufferable. >> he could be really crabby. >> he wasn't afraid to say to linda mccartney, i don't like your pictures. >> yeah. >> you know, it didn't go down

well. >> reporter: hypnosis spared no expense in creating its artwork. for the 1971 album "el oji" by the nice. >> you ended up in the sahara with 60 soccer balls. >> and you have to have balls to go and do that. ♪ >> reporter: for 10 ccs are you normal, they shot a sheep on a couch in hawaii. ♪ ♪ so you think you can ♪ >> reporter: for pink floyd's "wish you were here" -- >> the only way to set a man on fire and make it look for real was to set him on fire. ♪ >> reporter: but it almost got out of control in 1977 when they flew an inflatable pig over london's battersea power station for the cover of another pink floyd album, "animals." then suddenly, it got loose.

>> we knew it was heading towards holland actually. sorry about that. >> we don't import pigs. >> so they stopped all the flights into heathrow. i'm left there with the police, and being marched away. >> did you get arrested? >> yeah. >> you did? >> yes, for being in charge of an unidentified flying object. is that really weird? >> fantastic. >> reporter: in the 1980s, when punk upended the music world, hypnosis fell out of fashion. >> sadly, storm and i fell out really badly, and it was all about money. it's so pathetic, isn't it? >> yeah. but it was painful for you? >> oh, god. to this day, i regret it because we were such a good team. it hurts me now to talk about it because it was such a waste, you know. we -- we threw away that creativity together that had a magic to it.

♪ we're just two lost souls swimming in a fishbowl ♪ >> reporter: howell and thorgerson didn't speak for a dozen years. in 2013, thorgerson died of cancer. >> so given all of that, what does this film mean to you? >> oh, it's a celebration of storm and my's relationship is what it is. and although he's not here -- sorry. it's very hard for me to talk about it. although he's not here, he's always here. >> thank you for sharing. ♪ >> that

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some high profile americans are now seeking fortune overseas by investing in european soccer teams. imtiaz tyab reports. >> reporter: soccer in the uk is big business, really big.

at the very top is the premier league, watched all over the world, it's raked in close to $7 billion in revenue last year alone. >> so here's the deal. >> reporter: which might explain why nfl superstar tom brady has bought a minority stake in birmingham city, following in the footsteps of lebron james and michael j. jordan, who have also invested in soccer clubs. >> listen, soccer is the biggest sport in the world, right? it's a global spot. >> reporter: chris bevel aqua is a sports analyst. >> first of all, these are all, you know, astute businessmen too, right? then you add, you know, the reach and the notoriety around some of these celebrity investors, if you will, that have their own followings and their own reach and their own passionate fan bases, and you sort of bring them together and there's some real potential upside there. >> how much money have we spent on the first round of it? >> reporter: one of the most famous and possibly most

heartwarming takeovers of a british soccer club was the purchase of low-ranked wrexham afc by actors ryan reynolds and rob mcelhenney, who documented the trials and tribulations of owning a club, proving the combination of fan loyalty and commercial partnerships makes investing in uk soccer all too irresistible for ultra rich americans who want a piece of what's known here in britain as the beautiful game. imtiaz tyab, london. and that's the overnight news for this friday. be sure to check back later for "cbs mornings." reporting from the nation's capital, i'm scott macfarlane. this is "cbs news flash." i'm shanelle kaul in new york. the administrator of maui's emergency management agency has resigned, citing health reasons. herman andaya has received

criticism in recent days over his decision not to activate maui's emergency sirens as the the national weather service has upgraded hurricane hilary to a category 3 storm. heavy rain is expected from mexico in the southwestern u.s. this weekend. if it makes landfall in california, it would be the first hurricane to hit the state since 1858. and the women's world cup final will be ld in sydney, australia, on sunday. the match pits spain against england. both nations are looking for their first women's world cup. for more, download the cbs news app on your c i'm shanelle kaul, cbs news, new york. tonight, our new reporting. the horror search teams in lahaina are finding as they search the rubble and the new outrage over the disaster response after the emergency management director appears for the first time.

his heavily criticized reason for why he didn't sound the warning sirens. here are tonight's headlines. this remarkable video, survivors seeking safety in a pool as wildfires rage, and our tough questions to the man in charge of emergency response. >> so many people said they could have been saved if they had time to escape, had a siren gone off. >> lahaina is not for sale. >> one of the big concerns from our reporting on maui, developers coming in and buying their land. what hawaii's governor is saying tonight. >> my intention from start to finish is to make sure that no one is victimized from a land grab. flash mob burglaries hitting luxury retailers like gucci and getting away with millions in stolen goods. >> no angeleno should feel like it is not safe to go shopping in los angeles. here in louisiana, they're

building this massive ship, a first of its kind in the u.s. to service the growing offshore wind industry. we're going to show you how this vessel is creating renewable energy jobs in oil and gas country. >> the wind industry is bringing us back to life. if you want to know what dedication to duty means, there is no better example than the 21 steps of private first class jessica kwiatkowski. >> it's my duty. i'm a tomb guard, and this is my job. >> announcer: this is the "cbs overnight news." we begin tonight on maui with new questions and growing anger on what could have been done to prevent the deadliest wildfire in the u.s. in more than a century. the death toll is rising, and it's possible more than 1,000

people are still unaccounted for. tonight fema is telling cbs news that many people died in their homes, and it may take years to identify all the remains. officials say just 40% of the impacted area has been searched. the state's emergency management director remains defiant in face of questions, including from cbs news about why he didn't use warning sirens to alert residents as the flames approached. late this afternoon, hawaii's attorney general announced plans for a third-party private organization to review the performance of state and county agencies in preparation and response to the fires. we have team coverage on the ground on maui, and cbs's jonathan vigliotti will start us off again tonight from lahaina with new reporting. good evening, jonathan. >> reporter: good evening to you, norah. tonight as the death toll climbs to 111, fema officials tell me many of the victims have been found in their homes and in their beds. many are likely children and had no idea the flames were approaching.

and we now know that the sirens did work but, in those critical hours, were intentionally not used. this harrowing video shows people on maui desperately seeking refuge in a pool as an inferno burned all around them during last week's wildfires. and now as fema crews continue the grueling search for victims, it's becoming clear many were either unaware or had little chance to escape the fast-approaching flames. >> where are you finding most of the remains? >> anywhere where there's a bed. >> people were asleep? >> people were asleep. people were in various stages of fleeing their location. >> reporter: fema task force leader todd magliocca described the horrors his team has been encountering. >> we've heard that so many of the missing are kids. does that reflect in what you're seeing? >> the devastation is so severe, a lot of the remains that we're finding are almost unrecognizable. we've got multiple generations living in singular homes. >> reporter: the fire that had been declared 100% contained

flared up again around 3:30 p.m. roadways into lahaina were closed. by then, hurricane-force winds had knocked out power to much of the town. it was 5:15 p.m., nearly two hours after the flare-up, that the flames reached front street according to witnesses who spoke with "the new york times." >> oh, my gosh. >> reporter: the whole time, the sirens were silent. herman andaya, the head of maui's emergency management agency, publicly defended his actions for the first time at a press conference wednesday. >> do you regret not sounding the sirens? >> i -- i do not. and the reason why -- >> so many people said they could have been saved if they had time to escape. had a siren gone off, they would have known that there was a crisis emerging. >> the sirens, as i had mentioned earlier, is used primarily for tsunami. the public is trained to seek higher ground in the event that the siren is sounded. and if that was the case, then they would have gone into the fire. >> reporter: and tonight new questions about exactly where andaya was while lahaina burned.

we know he was attending a conference on oahu. according to hawaii news now, a hotel receipt shows a departure date of wednesday, august 9th, the day after the fire started. exactly when he left is unclear. we have reached out to county officials about andaya's whereabouts. we have not heard back. meanwhile, we are learning more about the emotional toll first responders are facing. some have actually returned back home, overwhelmed by what they're finding in the ashes, norah. >> jonathan vigliotti with those important questions, thank you. while the wildfires have taken lives, there's growing concern developers are now trying to take the land. nearly 3,000 structures on maui were affected by the fires, and the cost of rebuilding is in the billions. real estate investors are already making offers with some accusing them of putting profits over people. residents are telling cbs's lilia luciano maui is not for sale. >> reporter: there's a new worry for lahaina residents who

survived the inferno. >> lahaina is not for sale. i repeat, lahaina is not for sale. >> reporter: hawaii's governor is considering a moratorium on all land transactions in lahaina to protect locals from opportunistic buyers. >> please don't approach them with an offer to buy land. please don't approach their families to tell them that they're going to be better off if they make a deal. >> reporter: hawaii already has the highest housing costs in the nation with homeownership out of reach for many residents. on maui, the average home price is now $1.2 million while the average income stood at just $88,000. archie kalepa, a ninth-generation lahaina elder, says the recovery must be in the hands of locals and natives. >> we're here to hold the line. we are here to hold the lines and get the rest of the state of hawaii behind us. >> reporter: that's what kylie and her partner, ray, did when they took in a three-generation

family of residents who lost their home in lahaina. >> we were already at a housing crisis. we just want -- we just want them to stay. >> reporter: they're also holding the line by expanding their family from two to six. >> ohana. >> what does that mean? >> family. it's a hawaiian word for family. >> reporter: and those aren't just any lands that are feared up for grabs. lahaina was the capital of the hawaiian kingdom. it holds the sacred burial grounds of ancestors and kings. still, the natives' connection to the land isn't just historic or cultural. norah, it is spiritual. >> such an important point. lilia luciano, thank you so much.

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strength in the pacific, it could become the first tropical storm to make landfall in california in 84 years. so for more on the storm and the persistent heat, let's bring in meteorologist chris warren from our partners at the weather channel. good evening, chris. >> good evening, norah. hilary rapidly intensifying into an impressive-looking storm, and it is expected to get even stronger as it heads to the north. looking at the possibility of a major category 4 hurricane by saturday on its way up -- while it's weakening, but on its way up to southern california, including san diego, los angeles, and possibly more areas inland. there could be some wind effects. we'll have to watch that. but heavy rain does look like the big concern. flooding, possible mudslides and landslides, can't rule that out. the storm is making its way on the western side of a big ridge of high pressure. and under that heat dome here once again, norah, temperatures

in dallas topping 100 degrees. >> chris, thank you. tonight cbs news has learned the suspected mastermind of the september 11th terror attacks along with four other defendants could escape the death penalty under a plea agreement being considered. cbs's scott macfarlane reports details about the possible deal some of those killed, and many are outraged. >> reporter: for families who lost loved ones on 9/11, it's been an excruciating wait for the trial of suspected mastermind khalid sheikh mohammed and four other accused plotters. >> it's more heart broken. >> reporter: there's now fresh outrage for kristin breitwiser, whose husband died in the world trade center, after the pentagon sent this letter to families revealing plea deals are being considered in which the five men would accept criminal responsibility for their actions and plead guilty in exchange for not receiving the death penalty. >> i thought i lived in the united states of america. i thought we were a nation based upon the rule of law, and obviously that's turned out not

to be the case. >> reporter: the prosecutions of the 9/11 defendants at guantanamo bay held in military tribunals have been delayed for years, mainly complicated by the cia's interrogation of the suspects that critics called torture, and whether the evidence extracted is admissible in court. a defense lawyer for one of the accused plotters told cbs's catherine herridge last year a plea deal would end the impasse. >> he is willing to plead guilty, serve a long sentence at guantanamo in exchange for medical care for his torture and taking the death penalty off the table. >> reporter: that doesn't satisfy brad blakeman, who lost his nephew, tommy jergen, in the world trade center. >> we were told and we were promised that we would bring these people responsible to justice, and we expect that to happen. >> reporter: through the years, there have been proposals to move the trials from military tribunals to civilian court, but that idea faced stiff resistance in congress, worried about the security and the costs of moving

cases out of gitmo, norah. >> i'm still thinking about all those 9/11 families. scott macfarlane, thank you. a texas woman is in jail tonight, held without bail for allegedly making racially charged death threats against the federal judge overseeing former president donald trump's election interference case right here in washington. officials say that abigail jo shry left a message earlier this month threatening to kill judge tanya chutkan, calling her a slave and the n-word. in georgia, several members of the grand jury that indicted trump are facing threats after their personal information was leaked. tonight, law enforcement agencies in and around america's second largest city are joining forces to crack down on a wave of flash mob robberies. just this month, los angeles area retailers have lost more than $1 million in stolen goods. here's tina patel of our cbs los angeles station. >> reporter: in the last two weeks, a spike in flash mob robberies in at least a dozen high-end stores has prompted the

city of l.a. to take action and launch a new organized retail task force to crack down on gang-led crime. organized retail thefts, including smash-and-grabs and grab-and-goes at several shops, including nike, gucci, yves saint laurent, and the brazen robbery at a nordstrom where more than $300,000 of luxury items were stolen, just some of the recent incidents. >> no angeleno should feel like it is not safe to go shopping in los angeles. >> reporter: there have been about 170 organized retail thefts in l.a. in the last two years, and this is not only a problem here. across the country, shoplifting and organized retail theft cost retailers an estimated $69 billion a year. despite a new federal law preventing the sale of stolen goods online, some still make it to online markets. >> when these real high-end crimes are taking place of purses that might cost $10,000 or $25,000, you know, they're being sold online. >> reporter: online retailer ebay partners with law

enforcement to flag stolen goods. >> it's where we work proactively and collaboratively with retailers to identify types of goods that may be stolen and work with law enforcement to bring prosecution to people that may be committing crimes. >> reporter: the city's plan includes 22 full-time investigators and one dedicated prosecutor to review cases. just today, glendale police announced the first arrest in the saint laurent case. by the way, this type of retail theft costs the average american family more than $500 each year in higher merchandise costs. norah. >> tina patel, thank you. a judge in mississippi declared a mistrial today in the case against two white men accused of chasing and shooting at a black fedex driver. the judge said he had no choice because of a police detective's improper testimony and failure to share evidence. the father and son are charged with attempted murder. the fedex driver was not hurt. no word yet on when the retrial will begin. there's a lot more news ahead on the "cbs overnight ahead on the "cbs overnight news." your bug spray should take out bugs, not keep out people.

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>> reporter: at this shipyard in houma, louisiana, you can see and hear the future being built. >> that noise we're hearing, that's what's called made in america. >> that's made in america, no doubt. >> reporter: wally naquin is the general manager of laship. >> this thing is so huge. >> yes, she's huge. >> reporter: the company is constructing the first vessel in the nation to service offshore wind turbines now being installed along the east coast. the ship is essentially a floating hotel for 60 technicians who will spend months at sea. they use an innovative bridge system to walk directly from the boat to the wind turbines. >> how unique is this compared to other stuff you've built? >> it's -- it's completely unique. we're stepping away from oil and gas and going into the wind industry. >> reporter: for generations, gulf coast shipyards have serviced the oil and gas industry. those jobs have been declining for years. >> this is very cool. >> reporter: now with wind industry business blowing his way, naquin's shipyard has gone from less than 100 workers to

more than 600. >> we don't have to do any layoffs because of the wind industry. it's renewed our -- not just our shipyard. it's renewed southeast louisiana that we're keeping people working. >> reporter: right now the u.s. produces only enough offshore wind energy to power about 32,000 homes. the white house wants to hit 10 million homes by 2030 and claims offshore wind will eventually create 77,000 jobs, many of them in shipbuilding. >> right now we have 33 vessels under construction in the u.s. to support the offshore wind sector. we need 50 to 60 more just for the 17 projects that we're talking about that are on the east coast right now under development. >> reporter: this shipyard is already building its second vessel and expects offshore wind to power a decade of steady work. >> we're built on the oil and gas industry. so now the wind industry is

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in tonight's "money watch," gas prices are back on the rise. aaa says a gallon of regular is averaging $3.87. that's actually up a nickel from last week and more than 30 cents higher than a month ago. aaa says prices at the pump are being driven up by the threat of hurricanes and severe heat. and there's this. long-term mortgage rates jumped this week to over 7% and are now at the highest level in 21 years. it's bad news for home buyers already facing high prices and a shortage of available homes. a wildfire forces 20,000 people in canada to leave their homes and scramble to safety. that's next.

a mass evacuation is under way with 20,000 people trying to escape a raging wildfire that's threatening the city of yellow knife, canada. that's the capital of the northwest territories. the only highway in the remote area has been jammed with cars and trucks. planes are now carrying people to safety. the wildfire, one of nearly 1,100 burning across canada, could reach the outskirts of the city by the weekend. an act of dedic

finally tonight, honor, respect, and selfless service. those words describe the men and women of america's armed forces. cbs's david martin reports tonight on one soldier's steady commitment to her country. >> reporter: if you want to know

what dedication to duty means, there is no better example than the 21 steps of private first class jessica kwiatkowski. >> i am a tomb guard, and this is my job. >> reporter: the 21 steps symbolize a 21 gun salute at the tomb of the unknown soldier at arlington national cemetery. kept under round the clock guard no matter the conditions. kwiatkowski remembers the first time she saw the solemn ritual. >> it was like -- honestly like seeing like a superstar in front of you. like you're awestruck. >> reporter: then one day last month, it rained, really rained, with wind gusting to 85 miles an hour. >> it was coming down so hard, it got all my glasses, and i couldn't see outside. >> how do you walk a straight line if you can't see? >> i was just trying my best honestly, and the wind was not helping at all. >> and there was lightning. >> it made me jump a little because it shook the ground a little bit. >> reporter: there's a green guard box she could have taken

shelter in. >> why not stay in the box? >> it's just my job, and i wouldn't have it any other way. i'd rather be out in the rain than stay in the box. >> reporter: we would never have known about private kwiatkowski's dedication had not a tourist posted this video. 21 steps that say it all. david martin at the tomb of the unknown soldier, arlington national cemetery. and that's the overnight news for this friday. for some of you, the news continues. for others, check back later for "cbs mornings." and you can follow us online anytime at cbsnews.com. reporting from the nation's capital, i'm norah o'donnell. this is "cbs news flash." i'm shanelle kaul in new york. the administrator of maui's emergency management agency has resigned, citing health reasons. herman andaya has received

criticism in recent days over his decision not to activate maui's emergency sirens as the wildfires were spreading. the national weather service has upgraded hurricane hilary to a category 3 storm. heavy rain is expected from mexico and the southwestern u.s. this weekend. if it makes landfall in california, it would be the first hurricane to hit the state since 1858. and the women's world cup final will be held in sydney, australia, on sunday. the match pits spain against england. both nations are looking for their first women's world cup. for more, download the cbs news app on your cell phone or connected tv. i'm shanelle kaul, cbs news, new york. it's friday, august 18th, 2023. this is the "cbs morning news." sudden resignation. maui's emergency management chief is out after growing outrage at the response to last week's deadly wild.