>> 30s in the forecast. >> i don't look at that. >> thanks for watching. >> see you at 11:00. on this tuesday night, breaking news. as protests swell in baltimore, late word tot the feds are now investigating the death of a man fatally injured in police custody. life or death for the convicted boston bomber? tonight, chilling newly-seen video of moments after the explosions and a courtroom surprise. what prosecutors call tsarnaev's message to america. total recall. one of the most popular brands of ice cream, millions of gallons thrown away over fear of what could be in it. and jacob's story. he's only 5 years old, but tonight he's revealing what it means to be transgender. one family shares a very personal story. "nightly news" begins right now. from nbc news world headquarters in

new york this is "nbc nightly news." reporting ton lester holt. good evening. we begin tonight with breaking news out of baltimore where hundreds are gathering in protest at this hour outside a police station. outrage over the death of a man who suffered a spinal injury while in police custody. six officers have been suspended and there is late word the feds are now getting involved in the case. nbc's tom costello starts us off tonight from baltimore. >> reporter: tonight, the justice department has announced it's opening its own investigation into how 25-year-old freddie gray suffered a fatal spinal cord injury in police custody. on the streets of baltimore demonstrators have peaceful, but determined to answers. i have a son. and i would never want to happen to my son. >> repor gray family attorney billy murphy wants to know why freddie gray was being chased in the first place. >> the man was arrested for literally running while black, or as we also jokingly on the inside say

felony running. >> reporter: just over the past four years baltimore has paid out nearly $6 million in judgments and settlements involving allegations of police brutality and civil rights violations. the mistrust in the g bac decades. local nb miller covered for years. >> where there's higher crime and blight they're dealing with these kind of interactions wi police all the time. >> repor tod the commissio is meeting with residents in this same neighborhood. we have a long way d of us. there's a lot of frustration in the community. we're aware of that. >> reporter: tonight, with the eyes of the country on baltimore, the police insist their investigation e transparent. and they say it will be honest and complete lester. >> tom costello in baltimore, thank you. the same jury that convicted dzhokhar tsarnaev for the boston marathon y heard in vivid detail what it

sounded like looked like and felt like when those bombs went off killing three people and injuring 264. prosecutors today beginning the penalty phase of the trial with a gut wrenching testimony of survivors. and never-before-seen video hoping to convince that jury to sentence tsarnaev to death. our justers correspot pete williams was in the courtroom today. but first a warning there are disturd even off images in this report that the prosecution says is central to its case. >> reporter: some juro wiped away tears today as victims who were seriously injured by the bombs recounted the terror the chaos and excruciating pain. she lost both legs. said it hurt so much she thought she might die and at one point hoped she would. a somber courtroom first heard the sounds captured in the moments after the bombing. >> unless you were there, unless you saw those pictures i

don't think anybody can begin to imagine -- you can't begin to imagine the horror of that day. >> reporter: her husband, kevin, said last week during a court recess that sdoe dzhokhar tsarnaev sh get the death penalty. as the mother of krystle campbell sobbed in the courtroom, her father said when she was rushed to the hospital he thought she was a patient in surgery. when he walked in the room and found out it wasn't her, he said he passed out on the floor. asked what he misses the most he said i still miss my hug never left the house without giving me a hug. urging the jury to impose a sentence of death saying those killed by the bombs had time to feel pain but no time to say good-bye. tsarnaev might have radicalized by his older brother, the government said but all that matters is what he believe and had what he did. and the jury was shown a photo of tsarnaev taken in a holding cell in the courthouse before the hearing making an offensive gesture three months before the bombing.

his gesture showed he was unconcerned and unrepentant by the grief and loss he caused. it was, she said his message to america. defense lawyers have opted to give their opening statements they begin presenting evidence probably early next week. the must de betwee life without the possibility of parole or death by lethal injection. to choose the death penalty e jury must be unanimoused. lester. >> pete williams in boston thanks. tulsa oklahoma reserve deputy claims he mistakenly shot a suspect dead when he mixed up his gun and taser. robert bates appeared on a second-degree manslaughter charge in court where he also asked to take a vacation to the bahamas which the judge approved. the victim's family says the judge sends a message of apathy. one of the most popular brands of ice

cream nationwide millions of gallons of blue bell being trashed and millions are being asked tok their freezers. prompting one of the widest recalls ever. janet shamlian reports. >> r one of e nation's most popula ice creams blue bell pulled from store shelves today. the company recalled 8 million gallons of ice cream, every flavor and every product it makes. frozen yogurt, snacks and sherbet. >> the last thing we want is someone consuming our products with doubt or the chance they'd get sick. >> repor sold in states the recall came after two samples tested positive for listeria. three deaths in kansas are linked to the oklahoma facility. the cdc investigation shows facilities may have been contaminated as far back as 2010. in stores across the country the recalled ice cream is now filling warehouse freezers waiting for blue bell to come pick it up. listeria is an inif he

can -- infectious bacteria carried by animals and it can live and grow in freezers. most serious in people with weak immune systems, the elderly, newborns and pregnant women. inc muscle aches, nausea and fever. one in five infected can die. >> if you're healthy and exposed you will likely not experience any major symptoms other than a mild gastro intestinal illness. >> rep within e last few months sabra humus and apples all recalled. >> they can bring it back for a refund or w it out. >> rep tonight millions of gallons are trashed, blue bell says the shelves will stay empty until safety is guaranteed. janet shamlian nbc news houston. the chief of the enforcement administration is retiring amid scandal. michelle linheart has led the dea since

2007. an inspector general report found agents had sex parties in colombia with prostitutes paid for by cartels. turning overseas where u.s. warships are shadowing an iranian convoy off the coast of yemen. the fear is that those ships are carrying weapons and that they cross from international waters into yemeni waters that could put the u.s. in a position where it would have to take action. chief pentagon correspondent jim miklaszewski has more for us. >> reporter: the u.s. aircraft carrier theodore roosevelt in e north arabian sea today stalking iranian warships but at a distance. just over the horizon two freighters. u.s. intelligence indicates that cargo ships are loaded with weapons for iranian-backed houthi locked in a bloody civil war in yemen. but the iranian convoy is under constant surveillance by u.s. navy war planes and would have to breakthrough a naval

blockade of saudi and egyptian warships. today, president obama told nbc's chris matthews the u.s. has already sent iran a stern warn. >> what we've said to them is if there are weapons delivered to factions within yemen, they could threaten navigation that's a problem. and we're not sending obscure messages. we send very direct mess about it. >> repor f now the iranians show no signs of challenging the blockade inching along at 5 knots just yemen's territory waters to avoid any confrontation. officials here are conf the iranians have a plan they just don't know what it is. according to one senior official the iranians are not playing cat and mouse, they're playing chess. which could give them the advantage. after all, the official points out, iranians invented chess, lester. >> jim miklaszewski at the pentagon thanks.

the captain of the ship that capsized in the mediterranean saturday drowning at least 800 migrants is under arrest in italy tonight as investigators piece together what happen. e captain was one of just 27 survivors. the italian island of lampedusa has become a wait station for thousands of migrants. our chief foreign correspondent richard engel was there. >> reporter: around midnig these days the rescue boats come into port. this one had 92 migrants aboard plucked from a rubber dinghy. they're processed, bussed away and now in european hands. italy, especially in the south, has received more than 20,000 migrants so far this year. they're coming across these waters in record numbers. but the unforgiving. migrants have long tried to cross the mediterranean for europe and it's still been dangerous.

the seas can be quite rough in the deep water. but this year aid groups say 30 times more people have died compared to last year. abandoned by the roadside is a graveyard of ships. these are the wrecks that survive the journey. we came across a group of ethiopians. they arrived last week. so you came on a boat just like this? >> just like this. >> reporter: were you on deck or down below? >> yes. >> reporter: inside? >> inside. >> repor they left fr libya, spent 25 hours at sea. everyone cramped like this. so you had to -- show me. you had to hold your knees like this? oh so you got in between each other's legs. the collapse of order around the mediterranean is driving migrants to seek a better life and sending many of them to their deaths. richard engel, nbc news lampedusa,

italy. we have a lot more ahead tonight including a brave little boy and his parents opening their lives to share their story about what it to transgender. > and later, the

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especially when it's miralax. it hydrates, eases and softens to unblock your system naturally so you have peace of mind from start to finish. love your laxative. miralax. tonight we're taking a closer look at something that's been getting a lot of attention recently the subject of being transgender. we've seen adults sh their stories on television shows and in magazines, but rarely do we hear from

the youngest members of the transgender community. tonight, our national corresponden kate is here with one family's very personal story. kate. >> lester good evening. by some estimates there are 700,000 adults in the u.s. who are transgender. while we don't know the exact number of children increasingly families are going public with what it means to be a transgender kid. 5-year-old jacob lemay is fierce. he lov karat and dogs and spaceships and playing with his sisters. so two sisters and you're the brother, right? >> yeah. >> r were you the brother? >> not always. >> reporter: what were you before? >> i'm their sister. >> reporter: how come it changed? >> because i wanted to be a boy. >> reporter: in the beginning mimi and joe lemay were raising three girls. but when mia was around 2 she started saying i'm a boy. did you think it was a phase?

>> i hoped it was a phase. >> rep mia learned to write her name but would immediately scribble it out jacob still remembers. >> i didn't like to write that name. i wanted to write j-a-c-o-b. >> jacob? >> yeah. >> reporte you y picked it out, right? >> you look beautiful right now. >> reporte even g as simple as a haircut wasn't. >> i want someone to cut my hair like i want it to be like that. >> repor mimi didn't know what to think. >> i even found him of poking at himself saying things why did god make me this way? why did god make me wrong? i was confused and concerned. and i hoped that this obsession with being a boy would go away. >> reporter: but it only grew stronger. the lemays went searching for answers. >> her need to playboy pl boy roles and her need to be spoken to as a boy at home

became very persistent and consistent. those are the hallmarks of a possibly transgender child. con sis tense, persistence and insistence. she was meeting all those markers. >> repor pediatrician says gender identity is formed very early. >> it's not a fad or phase. and i tell parents though even though they may want to feel that. they probably knew they were a boy at 3, 4, 5 years old and that's a normal part of development. >> repor last they went to disn wor and let their 4-year-old dress as prince charming. >> he was really happy in that moment. he was being perceived as he wanted to. >> reporter: after agonizing for years, they say they knew it was time to listen to their son. >> i explained to him that we can bring you to a new school and everyone will know you as a boy from the beginning. right then he said that's what i want. >> he said i want to

be a boy always. i want to be a boy named jacob. >> reporter: and so last june they cut his hair short, asked family and friends to call him jacob and let him live publicly as a boy. he hasn't had any medical procedures he's not on hormones. >> right. >> reporter: way too soon for that. >> way too soon for that. >> reporte people ar going to hear your story and think 4 is really young. >> uh-huh. but a mother's heart knows when her child is suffering. >> reporter: all of th is new terrain, but many doctors who work with transgender kids now support families making the transition at an early age. >> we have a long history of children who have been shut down and told no you can't be a boy. or no you're not a girl. we know those kids suffer. and there's a host of bad health outcomes and psychiatric outcomes. >> r people o are transgender fa a greater risk of anxiety and depression. and accordingo a 2011 survey a startling 41% had

attempted suicide. so would you tell parents in some ways it's riskier to wait? >> absolutely. in fact what i say the biggest harm is to do nothing. >> ultimately jacob has made that choice. in his mind and in his heart. >> uh-huh. >> it's whether or t at it or not. >> that's right. >> reporter: and now jacob says he's proud of who he is. what are you proud of about yourself? >> cause i'm a boy. >> you look really handsome. are you ready for today? are you ready for school? >> yeah. >> i want him to know how proud i am of him, how brave i believe he is and how no matter what i am in his corner. and i love him. and i always will. because he's my son. >> this really has been a journey for jacob and his family. they have a long time before they even need to consider whether he wants medical

intervention. tomorrow we'll bring you the story of another transgender child who's a few years older. >> that decision coming a lot quicker for that family. i was bombarding you with questions earlier. a lot of questions here want to let folks know if you want to ask questions immediately following our broadcast, kate and the doctor you just heard from will be hosting a live discussion on our facebook page. we hope you'll join us there. we're back with more in just a moment including a giant rock up for grabs tonight with a giant price tag meet the world's newest energy superpower. surprised? in fact, america is now the world's number one natural gas producer... and we could soon become number one in oil. because hydraulic fracturing technology is safely recovering lots more oil and natural gas. supporting millions of new jobs. billions in tax revenue... and a new century of american energy security. the new energy superpower? it's red, white and blue. log on to learn more. are you still getting heartburn flare-ups? time for a new routine. try nexium® 24hr.

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the elevators that take you to the top of the new world trade center have an incredible view even if they don't actually have windows. on the 47-second ride up will show you a time lapse of how the new york landscape has changed over 40 years. after much discussion the creators did decide to include a glime of one of the towers that fell on 9/11. > and it's been perfect and a miracle of nature.

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everything old is new again on tv these days with the rumored revival of "full house" now aparnltly a done deal. it's a good thing the tanner family from that sitcom is used to crowded quarters because they've got company. so many tv favorites coming back alongside them. here's nbc's joe fryer. >> rep the theme song alone will take you back 25 years. now "full house" is getting a 13-episode reboot on netflix. >> have mercy! >> reporter: confirmed by uncle jesse on jimmy kimmel live. >> it's a labor of love. we've been literally trying for so many years to do it right and i think we finally got it perfect. >> reporter: the new show called "fuller house" will focus on some of the kids all grown up with kids of their own. and when it comes to tv comebacks, they're

not alone. >> i'm agent molder. >> reporter: the "x-files" is returning. growing from the '90s "coach" to the sci-fi saga "heroes". >> as it becomes harder and harder to find a hit on television i think are taking a look back at the things that worked in the past. you have netflix the like 20-year-old shows. >> reporte not challenges. >> this is -- excuse me a damn fine cup of coffee. >> rep the fate of showtime's "twin peaks" revival after creator david lynch said he would not be directing. such come with risk an reward but when it comes to tv show encores, right now -- >> you got it dude. >> reporter: -- it's a full house. joe fryer, nbc news. >> that will do it for us on a tuesday night. i'm lester holt. thank you for watching

patrick dempsey at war with hollywood's most pow irful woman? >> the breaking headlines that he's almost gotten himself written off grt grey" grey's anatomy." now on "extra." patrick versus shonda?

the star and the creator of "grey's anatomy" reportedly clashing on the set. why the doctor could be on the chopping block. new details on miley and patrick's break-up. were these naughty spring break pics the final straw for miley? renee zellweger. >> this is frightening. >> opening up about the relationship andest friend battling a cruel health crisis. then we unleash 54 pounds of dynamite at "dancing with the stars." general hospital's 10-year-old nicolas bechtel going where no grown-up would dare to go. >> i think kym is in trouble with you. >> oh! the routeful realtors are here. the mega deal frederick just did with j lo. now