captioning sponsored by cbs >> mason: morning's mist. the texas church gunman once escaped from a mental health facility and threatened air force superiors. witnesses say he targeted crying babies in the church. >> it sounds like he didn't want to take his finger off the trigger. he was like... >> mason: also tonight... >> hopefully it will all work out. >> president trump tries a new strategy on north korea. >> roy halladay has thrown a no-hitter. >> breaking news cy young award-winning pitcher roy halladay killed in a small plane crash. >> he was one in a million. it is a true loss for us. >> harvey weinstein is accused of hiring an army of spies to dig up dirt on his accusers. and... a museum's quest for

green has an artist's family seeing red. >> we kind of feel like he'd be rolling over in his grave. this is the "cbs evening news." >> glor: good evening, i'm jeff glor in sutherland springs, texas. anthony mason will join us from new york in a moment. tonight it appears there were multiple warning signs about the gunman who opened fire during sunday services here. they include reports of his violent past, an escape from a mental health facility, and death threats to air force superiors. he was able to buy weapons because of a mistake by the air force. 26 people were murdered at the first baptist church, 20 were hurt, 10 are in critical condition. david martin begins our coverage. >> reporter: a police report of a brief escape from a mental health facility threw an even darker light on the air force career of devin kelly. a 2012 el paso police department

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

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

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

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

>> how's that? >> reporter: the sheriff's office told cbs news there was a 2013 sexual assault case against kelly, but have,s dropped it after he moved out of state. they now plan to reopen that case. jeff. >> glor: mark, thanks very much. like the killer, some of the dead were air force veterans. michelle miller shares their stories. >> reporter: their deaths are in stark contrast to the lives they lived, lives defined by a love of god and country. >> join us as we sing "happiness is the lord." >> reporter: robert corrigan and his wife, shaney, espit myselfed that devotion at their church and in their community, a deeply patriotic one. corrigan moved here two years ago after a decorated 30-year career in the air force. as chief master sergeant of the 55th medical group at ofit air force base in nebrask ahi led the largest and busiest in the air combat command. >> being a musician, i really like psalms 33.

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

>> reporter: this memorial of 26 crosses is just one of many throughout this town coping with their shared grief. and, jeff, funeral plans are under way that may include a mass service for everyone to worship together. >> glor: michelle miller, thank you. tonight, we are getting a look at video shot just after the gunman was chased down by two men. the video, shot by johnny laingendorph who drove the car in the chase. the shooter had driven off the road where he took his own life. officers can be seen there with weapons drawn. as in any mass shooting, law enforcement is looking for clues that would help prevent the next attack. here's jef jeff pegues with morn that. >> reporter: police in hamilton, ohio, training for the next shooter situation. >> 171 to 384! >> reporter: columbine, aora, colorado; newtown; and las vegas have all taught investigators that it is important to move fast, but they've also learned

that it's difficult to predict who will be the next shooter. tom manger is the of the major city's police chiefs association. >> we have yet to find this checklist of red flags or indicators that is really, i think, detailed enough and sophisticated enough for us to say, "okay, we need to worry about, you know, this individual because he meets, you know, so many of these criteria." >> reporter: most active shooter situations occur in less than five minutes. an f.b.i. report says 70% of the time they happen in either a business or educational environment and with less frequencies, open spaces, government properties, and housing of worship. former f.b.i. agent katherine swite, who coath eauthored the study, said key to preventing the attacks is seeing the warning signs. so they get fixated on something. >> they get fixated on something, that's one thing, with regard to an idea, whether it's anger over a spouse or

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

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

respected human beings to ever play the game." anthony, roy halladay was 40 years old. >> mason: thank you, don dahler. president trump seems to be trying a new approach to dealing with north korea's nuclear threat. he revealed it today in south korea when questioned by margaret brennan. >> reporter: have you seen any success in your diplomatic strategy so far? and do you still believe that direct talks are a waste of time? >> i think we're making a lot of progress. i really believe that it makes sense for north korea to come to the table and to make a deal that's good for the people of north korea and the people of the world. i do see certain movement, yes. >> reporter: with secretary of state rex tillerson looking on, the president declined to say whether he still thought direct negotiations were a waste of time as he tweeted last month. undercutting america's top

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

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

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>> mason: cbs news has confirmed the manhattan district attorney plans to present evidence against harvey weinstein to a grand jury next week. the disgraced movie mogul is facing a wave of sexual assault and misconduct allegations. now "the new yorker" magazine reports weinstein hired an army of spies to silence his accusers. here's jericka duncan. >> reporter: the article exposed how top private investigators tried to discredit alleged rape victim rose mcgowenrosemcgowen.

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

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

. >> mason: syria signaled today it will sign the landmark pari.r.s. climate accord. the war-torn countrywas the last holdout of the 2015 agreement to curb global carbon emissions. this also means the u.s. would be the only united nations member outside the deal if president trump makes good on his threat to pull out. races for governor in two states highlight this election day. in virginia, democrat ralph northam is locked in a tight campaign with republican ed gillespie, in what's seen as an early referendum on president trump. in new jersey, democrat phil murphy is favored over republican kim guadagno, who has served as governor chris christie's top deputy. when we come back, jeff glor will have an update from texas, plus can a painting be too valuable to sell? u think you'll need in retirement? then we found out how many years that money would last them. how long do you think we'll keep --

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>> mason: want to start a fight among art lovers? try putting a price tag on some priceless works. here's jim axelrod. >> reporter: norman rockwell spent much of his life in new england capturing the sweet and sentimental in small-town america. which paint the protests at the berkshire museum in pittsfield, massachusetts with a certain irony. >> bring back the arts! >> reporter: rock well donated two works here, including his masterpiece "chefleton's barbershop." no question. >> no question. >> reporter: when norman rockwell donated these paintings it was with the understanding they would be permanently display add in the museum. >> of course. he had no idea what the value would become. >> reporter: tom rockwell is norman's grandson. >> he loved that community, so for him it was clearly an intent to give it to the people of the berkshires and to make it accessible for public view. >> well, we're hoping to raise 50 million.

>> reporter: elizabeth mcgraw chairs the berkshire museum's board. >> the rocked well is, honestly, one of the most valuable pieces that we do have. >> reporter: with the museum facing tough times, they decided to auction off the rockwelllls, which they saw as assets. >> i think it would be a sad state of affairs if this was an empty building, which is what we are facing. >> reporter: is that really the only choice to silent rockwells or to have an empty building here? >> well, it's-- yeah. >> it just feels like a tragedy to me. >> reporter: the rockwell family sued to stop the sale. >> we kind of feel like he would be rolling over in his grave if he actually knew about this. >> it's a tough decision. it's a tough decision. don't get me wrong. but we have a trust with our community that we are entrusted with keeping this museum open. >> reporter: late this afternoon, the court ruled in favor of the museum, leaving them free to sell and to remind us all of the difference between money and treasure.

jim axelrod, cbs news, pittsfield, massachusetts. >> mason: when art becomes an asset. it would be a shame to see it go. i'm anthony mason in new york. now back to jeff glor, who has some final thoughts from sutherland springs, texas. jeff. >> glor: anthony, we spent time in the hospital today with a woman who was hit multiple times during the attack. she is learning to walk again, just as sutherland springs is learning to recover. from everything we've seen since this happened, they will do so successfully. from gas stations to coffee shops, to churches, it is a town full of help and hope, not hate, and they are recovering with faith, not fear. that is the cbs evening news tonight. much more tomorrow on "cbs this morning." for all of us here, i'm jeff glor. good night.

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good evening everyone i'm ukee washington. aim jessica dean. we will continue to follow two major breaking stories tonight , including the death of a sports superstar, former phillies ace roy halladay, has been killed in a plane crash, near st. petersberg florida. >> as we told you earlier authorities say halladay small plane went down in the gulf of mexico to day. he pitched for the fill fridays 2010 through 2013 just a short time ago phillies spoke about his untimely death >> he was soft spoken, and always combined with just an incredible work ethic and i think those are the characteristics that a, made him a leader, because he didn't lead with his voice, that was his