i cant breathe. >> calls for justice from coast-to-coast after a grand jury indicts a new york city police officer in the death of eric garner. he died after being taken into custody and the family is rejecting the officer's condolences. >> hell, no. the time for remorse when my husband was yelling to breathe. >> new questions about the cleveland police officer that fired the shots that killed a 12-year-old boy. it raises concerns about his ability to handle the job. nasa takes a step toward the mission to mars. they plan to launch a rocket that may one day carry humans to the red planet.

this is the "cbs morning news" for thursday, december 4th, 2014. good morning. good to be with you. i i'm anne-marie green. for the second time, nationwide protest after a grand jury failed to indict a white police officer in the death of an unarmed black man. demonstrators blocked traffic in new york's union square following the decision not the indict a new york city police officer in the death of eric garner. there were demonstrations in san francisco where protesters demanded justice and called for police accountability. the justice department is moving forward with a civil rights investigation. in st. louis, a van hit demonstrators as they marched. the driver was taken into custody. eric garner was stopped by

police in july. a video shows a police officer grabbing garner in an apparent choke hold. garner is heard saying i can't breathe. president obama says it speaks to a larger, national issue. >> we are seeing instances that people do not have confidence folks are being treated fairly. in some cases, those may be misperceptions. in some cases, that's a reality. >> don champion is on staten island. good morning. >> reporter: good morning, the grand jury has been looking into the garner case for two months. in the end, no probable cause a crime took place. while there is anger and outrage, protests have been passionate. demonstrators gathered around new york city almost immediately after it was announced a grand

jury did not indict a police officer in the death of garner. protesters were arrested for disrupts traffic. >> we saw the video where they choked that man to death. >> reporter: people in seattle marched in solidarity. nypd officer was caught on camera putting garner in a choke hold resisting arrest in july after he was stopped for illegally selling cigarettes. the video went viral. they ruled garner's death a homicide. a memorial grows on staten island where garner died. in the video, he said he can't breathe. choke holds are banned under nypd policy. in a statement, the officer expre expressed. my family and i include him and his family in our prayers and i

hope that they will accept my apology. >> there is nothing him or his prayers or anything else that will make me feel any different. no, i don't accept his apology. >> reporter: the mayor says that's the only way to bring about change. even though the grand jury did clear the officer involved in the incident, he does face an nypd internal investigation. the justice department will do their own probe. >> don, thank you. another grand jury is considering charges against a cleveland police officer who shot and killed a black boy. eric holder travels to cleveland today. the boy was holding a pellet gun. now, officials are looking at that officer's prior experience. dean reynolds reports. >> reporter: mourners at the

funeral of tamir rice. >> this is not an issue of black and white, but an issue of right and wrong. >> reporter: park surveillance video showed the youngster holding what appeared to be a gun and pointing it at passer bys. they called 911. >> a guy holding a pistol pointing it at everybody. >> reporter: that uncertainty was never passed to officers. they responded to what they were told was a man with a gun. after pulling up, the officer shot the boy dead. the weapon turned out to be a toy pellet gun. now, a 2-year-old personnel report raises questions about his fitness, including handgun performance described as dismal.

it says he was disturbingly immature, he would not be able to substantially cope or make good decisions during or resulting from a stressful space station. the deputy chief wrote, i do not believe time nor training will be able to change or correct these deficiencies. he quit soon there after and joined the cleveland force in march. the cleveland police did not review that controversial personnel file before hiring him, but weren't made aware of problems, either, by the previous department. in any case, his father said he believes his son acted properly and had no choice. dean reynolds cbs news, chicago. police in abu dhabi are looking into a suspect for the murder of an american teacher. the suspect wearing a full black veil entered a shopping mall on

monday. the kindergarten teacher was stabbed in a restroom. the gender of the suspect is not clear. this morning, president obama's executive action on immigration faces the first legal challenge. the house is expected to vote on a bill that would declare the act null and void. it's to keep the government operating until republicans control both houses of congress. some immigration hard liners aren't buying in. >> amnesty is wrong. what we are facing right now is something even bigger and more important. we are, today, facing a full fledged constitutional crisis. >> senator ted cruise called today's move a meaningless show boat. fund the government for a year. it keeps the department of

homeland security that oversees immigration running for a few months. cruz and others want a funding bill to strip funding for the president's actions. they filed a lawsuit to try to block his executive action on immigration. the president has no power to rewrite immigration laws. a powerful typhoon is heading for the philippines. the typhoon is packing sustained winds of 122 miles per hour. it may hit on saturday and residents are already leaving coastal towns. coming up on the morning news, ready to blast off. we will take you to cape canaveral where a spacecraft is ready to open a new era of space exploration. this is the "cbs morning news."

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ensure active heart health. i maximize good stuff, like my potassium and phytosterols which may help lower cholesterol. new ensure active heart health supports your heart and body so you stay active and strong. ensure, take life in. tense moments caught in australia when a toddler falls on train tracks. the father was distracted while buying tickets. he doesn't say if it toppled off the platform. a number of bystanders come to the girl's rescue before the train. the girl was hospitalized with minor injuries. a spaceship designed to go to mars and beyond gets a test this morning. in florida, they are expected to launch an unmanned craft.

craig boswell is in cape canaveral, florida. good morning. >> reporter: good morning. as all systems go, nasa call thg a key step in the journey to mars. the first unmanned test flight is the deep space exploration spacecraft. it's a short test flight with long implications on the space agencies of taking humans into deep space, particularly mars. america's sleek, new ride into outer space is on the launch pad. >> what you see behind us is what i would call history in the making. >> reporter: the o'ryan is the first spaceship since the apollo designed to take humans deep into space. this time, mars is the destination. >> we haven't had this feeling in awhile, since the end of the shuttle program launching an

american spacecraft from american soil and beginning something new. >> reporter: the test flight will not carry a crew. the mission team can see if everything works without worrying about loss of life. the flight will last four and a half hours. in that time, nasa will evaluate the system from the parachute to the heat shield. after soaring 3600 miles above earth, the capsule will be sent before splashing down off the coast of san diego. nasa's administrator -- when neil armstrong set foot on the moon, he admitted there's another place to go, that's mars. >> reporter: nasa expects that to happen after 2030. they hope to turn science fiction into fact. >> scientists say the design will continue to evolve with each step. >> exciting stuff.

thanks a lot. straight ahead, going public against bill cosby. three more women come forward with alarming accusations against the comedian. in money watch, grand theft auto steers into trouble. why the video game is being banned from retailers. i did it.... i did it too... they took nature's bounty hair, skin and nails, it's a vitamin supplement that nourishes from the inside... with biotin for beautiful hair and strong nails. and vitamin c and e for vibrant skin. give it a month, if your hair, skin and nails

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here is a look at today's forecast in cities around the country. more women are charging that comedian bill cosby sexually abused them. they made their allegations public in recent weeks. bigad shaban was there. >> reporter: they were in tears and revealed how bill cosby

abused them. this woman claims she was 17 when cosby drugged and sexually assaulted her. >> i could not open my eyes. i couldn't move or say anything. >> reporter: claimed the actor drugged her in the mid-80s. >> i woke up in the back of my car, alone, my clothes were a mess. my bra was undone. >> reporter: her accusations were listed in a 2005 accusation in wall street. she received nothing. helen hayes broke her silence after 40 years. she says cosby groped her in a restaurant. >> he approached me from behind and reached over my shoulder and grabbed my right breast. >> gloria allred represents all three women who accused cosby of abuse. the statute of limitations is

keeping cosby from facing the criminal charges. she's calling on cosby to waive the statute of limitations. he declined to talk about the allegations. he calls the claims of sexual abuse absurd. bigad shaban, los angeles. when we return, information in the massive computer breach against a movie company. the worst start in nba history. thank you for being my hero and my dad. military families are uniquely thankful for many things, the legacy of usaa auto insurance could be one of them. if you're a current or former military member or their family, get an auto insurance quote and see why 92% of our members plan to stay for life.

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here is a look at today's forecast in cities around the country. on "cbs moneywatch,"

investigating the sony hack attack. jill wagner is at the new york stock exchange with that and more. good morning. >> good morning, sony is not blaming north korea for the security hack. there are similarities in other hacks and the sony hack. the company isn't saying there is a link. they are working with the fbi to investigate the attack. here on wall street, investors will watch for the unemployment claim report. the dow gained 33 points closing at a record high. the nasdaq rose 18 points. in australia, two major retailers are keeping grand theft auto 5 off store shelves. target and kmart stores pulled the controversial video game. target says it was in response to customer complaints. it encourages players to murder

women for entertainment. >> fair share of controversy. jill wagner at the new york stock change, thanks a lot. now to sports, the philadelphia 76ers dogged a dubious record. the sixers ended with an 0-17 record to start the year. a strange start to the game. after the opening tip, the refs realized the teams were going in the wrong direction. the sixers finish strong, they win 85-77. the nba record for the worst start to the season. in college hoops, an early season win for duke. they beat wisconsin and came away with an 80-70 victory. coming up, after your local news on "cbs this morning," live from florida on the o'ryan spacecraft watch. i'm anne-marie green. this is the "cbs morning news."

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japanese air bag maker, takata is rejecting a nationwide recall. a takata official was questioned by lawmakers wednesday over the link of five deaths. the company's vice president faced tough questions over why it's taken so long for the company to act. >> it's been a full decade, ten years. i don't think there's any excuse for not solving the problem. >> every time we find problems, we immediately take action. it's not same problems all the time. >> meanwhile, honda says it will recall its cars with the defective equipment in all 50 states. an investigation is under way into how a school bus full of children caught fire in florida. the driver is credited with

saving dozens of students. our tampa affiliate spoke to her. >> my christmas present from disney world. >> reporter: there's not much left to the items they had aboard the bus after the vehicle quickly became engolfed in flames. shortly after 7:00, she saw smoke, pulled over and called 911. >> i evacuated the kids off the bus. that's when flames started coming out the back. >> reporter: the smoke turned to flames within minutes. >> there were probably three kids on the bus. >> everybody, all 38 students from discovery academy got to safety. >> we have drills all the time. you hope you never have to use them. luckily, we have those drills for the kids. they kind of knew what they needed to do. >> the bus driver is called a

hero, something she doesn't agree with. >> i didn't do anything any other teacher or bus driver wouldn't do themselves. you know, we go to work every day. we are there to educate and protect. that's what we do. >> reporter: on wednesday morning, she says she was able to do her job, protect her children. this photo someone sent her of a rainbow over the burnt bus tells her somebody was protecting her. >> it was a sign that we were being taken care of. >> that was jennifer titus reporting. christmas time in the city. the giant christmas tree in rockefeller center was lit last night. the 85-foot tall norway spruce decorated with more than 45,000 lights and it's topped with a huge, sparkling star. coming up, after the local news on "cbs this morning," live from the kennedy space center on the launch of the o'ryan

spacecraft. a warning about the flu vaccine with dr. holly phillips will be on. then we sit down with christian louboutin. thanks for watching, i'm anne-marie green. have a great day.

developing right now on "eyewitness news", killed on the job, a construction worker hit by a car overnight and now we are waiting to hear if police will file charge's against driver. it is thursday, december 4th, good morning i'm ukee washington. i'm nicole brewer in for erika this morning. the here are stories we are following today. tree lighting ceremony interrupted when protesters return the two streets of philadelphia over fatal police shooting in ferguson and jury decision over a choker hold death in new york. flames tear through a west philadelphia apartment building lighting up the sky as resident escaped that blaze. count down is underway as america makes plans to reboot the way it sends astronauts into space. >> um-hmm good exciting day. >> those stories and much more coming up including a sixers win last night. lets get