in a major change of policy, medicare will now pay for end of life counseling for terminal patients. and our doctor jon lapook has more on this. >> reporter: amy berman is a former nurse who works at a health policy foundation. so five years ago when diagnosed with a rare form of breast cancer she knew to do her homework. what did you find? >> it's the worst form of breast cancer to get. nobody survives it. >> when your doctors first discussed your treatment plan, did they ask you what do you want? >> one doctor was perfection. she said we can try to hold back the cancer but not do things that are unnecessary. i went to another dr. and this other doctor wanted to do the complete opposite kind of care,

the cancer, even though it wasn't going to change the outcome. >> reporter: berman chose only those treatments that ease pain. >> i really wanted to focus on living the best possible quality of life. >> reporter: dr. diane meyer directs the center to advance palliative care, an emerging field of medicine that addresses a patient's quality life. >> at the outset of a serious illness it's very important to talk to patients and families about what they can expect. what is the natural history of this disease course, what is the time frame. >> reporter: now that medicare will reimburse doctors for advance care planning and end of life discussions, there should be more time for those discussions. >> without those conversations somebody else is making all the decisions for us. >> and for you that was less aggressive care. for somebody else it might be more aggressive care. >> right. it's whatever it is that that person is hoping to do for their own health. >> reporter: the cancer has

but berman is continuing to work and play, living the best life she possibly can. studies suggest patients who receive the kind of specialized care that focuses on quality of life and pain management have fewer hospital and office visits and may even live longer. >> dr. jon lapook for us tonight. jon, thank you. the supreme court heard arguments today in the case of a black man sentenced to death in georgia for murdering a white woman. at issue is whether the prosecution illegally excluded blacks from the jury. here's our chief legal correspondent, jan crawford. >> reporter: timothy foster's jury was all white, but prosecutors denied racial bias when they struck every african-american from the pool of prospective jurors. then ten years ago defense attorneys unearthed the prosecutor's notes. >> what we really found was an arsenal of smoking guns. >> reporter: veteran death penalty attorney steven bright is representing foster. >> the notes were shocking in

terms of just how explicit the racial factor was. >> reporter: the names of the potential african-american jurors were highlighted, and in this list of possible jurors titled "definite nos," the top five people were black. in the supreme court monday georgia's deputy attorney general argued prosecutors had valid reasons for excluding african-american jurors in the 1987 trial, and it flagged the black prospective jurors to make sure they were following new supreme court guidelines handed down in a landmark 1986 case to prevent racial discrimination in jury selection. but a majority of the justices appeared skeptical. liberal justice elena kagan said the case seemed as clear a violation as the court is ever going to see of the court's 1986 guidelines. conservative justice samuel alito, a former u.s. attorney, also seems troubled, asking "what about the giving a reason for dismissing one juror that

defendant? she was in her 30s. he was 18 or 19." now today some 30 years later anti-death penalty groups say that racial discrimination in jury selection may be less obvious but it still persists. scott, the court in this case is unlikely to address those bigger concerns. >> jan crawford at the supreme court tonight. jan, thank you. we have been searching at the broadcast for solutions to gun violence in our series "voices against violence." recently we brought you the view of a gun rights advocate, larry pratt of gun owners of america. tonight another perspective and another voice. >> my name is kai kloepfer. i'm an 18-year-old innovator from boulder, colorado and i spent the last three years of my life developing a smart gun that only works for the owner. the smart gun works by identifying the user's fingerprint before the firearm is able to fire.

this means that when a child finds an unsecured firearm in the house and picks up -- picks it up and starts to play with it it doesn't turn into a life-altering accident. it all started for me with the aurora theater shooting. living in boulder, colorado the theater in aurora where that shooting occurred is only 45 minutes away from my house and was something that deeply impacted not only me but the colorado community as a whole. the smart gun technology that i've developed is very secure. the fingerprints are stored on the firearm and encrypted using military-grade technology. the next main step for me is to take that technology and move it to an actual metal live firearm. throughout the course of my research into accidental shootings and deaths in the united states, i learned that every 30 minutes in the united states on average a child dies or is injured by a firearm.

a technology like this can legitimately save thousands of lives every single year in the united states. and i'm in a position to make that possible. >> the view of kai kloepfer. still ahead on the broadcast, it was one of the craziest endings in football. how the refs blew it. how fred thompson helped bring down law and order on a president who broke the law. and what happened after the cabbie got clobbered. the "cbs overnight news" will be right back. (laughs) that's fun...that is fun. it's already dry! it dried right away. it doesn't feel wet at all right now. no wait time. this is great. my skin feels loved. it's very soft. there's no white stuff. it does the moisturizing for me. it's everything i love about dove. can i keep it? (laughs) all the care of dove... ...now in a dry antiperspirant spray. i will live the life of now with the skin of then

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video replays were supposed to end bad calls by referees. mark strassmann reports that did not happen when duke played miami saturday night. let's go to the video. >> reporter: you're watching a robbery in progress. miami had received the last-minute kickoff trailing time expired as hurricane players lateraled the ball eight times. eight. for the winning score. a final play for the ages. saw? >> reporter: but the refs blew it. review. >> reporter: they huddled with a replay official for nine minutes. >> it's a legal play. touchdown. game is over.

>> reporter: miami's miracle was a mirage. hurricane player mark walton lateraled the ball with his knee touching the ground just a few feet away from an official. duke coach david cutcliffe. >> i thought the guy was down and i said pictures will prove me right. >> reporter: look closer. knee down, play over, game over. the atlantic coast conference, or acc, agreed. "the last play of the game was not handled appropriately." it also ruled the now suspended officials had missed four calls on that play alone. so duke wins, right? wrong. dan wolken covers sports for "usa today." >> there is currently no mechanism in the ncaa rulebook to overturn the result of a game in this circumstance. once everyone leaves the field and the officials declare the game over, it's over. >> reporter: which is why duke fans will always see this stadium as the scene of the crime. mark strassmann, cbs news, atlanta. the vw emissions scandal

that's next. today the epa said it has discovered cheating software on more volkswagen diesel models. these include the 2014 vw touareg, the 2015 porsche cayenne, and 2016 audi quattro. the fraudulent software reduces emissions when the cars are tested but allows emissions to grow to nine times the legal limit when no one is looking. there's a full list of the models at cbsnews.com.

in orange county, california was captured on video, and mireya villarreal is following this. >> let me tell you something, you little [ bleep ]. [ bleep ]. >> reporter: this is what happened during uber driver edward caban's last ride on friday night. he had just asked this apparently drunk passenger to get out of his car. >> it was terrifying. i just got blows to the side of my head. and i'm, you know, fumbling with the pepper spray. >> [ bleep ]. you [ bleep ]. [ bleep ]. >> reporter: passenger benjamin golden, a marketing executive for taco bell, was arrested by costa mesa police and charged with assault and disorderly conduct. taco bell fired him tonight, saying it "offered and encouraged him to seek professional help." caban picked the 32-year-old passenger up from a bar. from the beginning he says the man was belligerent and refused to give him a drop-off address. have stopped if i didn't spray him. me. start strangling me. >> get out of my car. >> sir --

>> get out of my car or i will call the police. >> reporter: it appears golden is about to leave. >> let me tell you something, you little [ bleep ]. >> reporter: when riders sign up for uber, they agree to a code uber also has a ratings system for riders designed to keep >> i definitely don't plan on driving for uber anymore. you know, i'm looking for a job right now. >> reporter: uber would not tell us how many other drivers have faced similar incidents. anything on their safety procedures. but scott, we did find out benjamin golden has been banned for life. >> mireya villarreal in los angeles.

remembering fred thompson, next. fred thompson died yesterday of cancer. the lawyer turned actor, politician, and tv pitch man was 73, and nancy cordes remembers. >> implicated attorney parkins. >> reporter: the year was 1973. thompson was 30 and serving as chief counsel to republicans on the senate watergate committee. he was the first to reveal in a televised hearing the existence of secret white house tapes. >> are you aware of any devices that were installed in the executive office building office of the president?

>> reporter: thompson, a loyal republican, later said he had assumed the tapes would prove that president nixon did nothing wrong. instead the tapes documented crimes and cover-ups and led to nixon's resignation. >> i shall resign the presidency effective at noon tomorrow. >> reporter: thompson's transition to acting was accidental. he was asked to play himself in a 1985 movie about a corruption case he won in tennessee. it turned out he was a natural. >> things are liable to get a little dicey around here. >> reporter: but thompson missed public service and ran for the senate in 1994, representing tennessee for nine years. in 2007 he set his sights even higher. >> i'm running for president of the united states. >> all right! there you have it. >> reporter: he was seen initially as the man to beat. but voters noticed he seemed ambivalent. even thompson joked about it with us on the trail. >> are you sure you have the fire in the belly to do this? >> i have the fire in the belly. >> all right. >> reporter: he dropped out early and may have been miscast

for that role. >> when under attack circle the wagons. >> reporter: but will be remembered for so many others. nancy cordes, cbs news, washington. and that's the "overnight news" for this tuesday. for some of you the news continues. for others check back with us just a little bit later for the morning news and of course "cbs this morning."

york city, i'm scott pelley. >> announcer: this is the "cbs overnight news." welcome to the "overnight news." i'm jericka duncan. former florida governor jeb bush is shaking up his campaign again, trying to claw his way out of the pack for the gop presidential nomination. slogan, "jeb can fix it." well, bush needs to fix it quick. the latest cbs news/"new york times" poll shows him stuck at just 7%, trailing ben carson, donald trump, and marco rubio. bush has already cut the salaries of campaign staff and says starting today he'll be spending more time in the early voting states of iowa, new hampshire, and south carolina. the republican debates haven't been kind to bush. both he and most of the other gop presidential hopefuls are now demanding changes to the debate format. major garrett reports. >> reporter: good morning. the rnc pushed aside its lead

job to its current chief operating officer and former top attorney. after the cnbc debate gop presidential campaigns wanted a pound of flesh. now they have it. that and leverage to change future debates. almost all republican presidential campaigns sent advisers to the debate strategy session. they emerged united in driving a harder bargain with the tv broadcasters. barry bennett with ben carson's campaign said the republican national committee will not call the shots. >> the rnc has sanctioned eight more debates. what we're doing is asking those sanctioned broadcast partners to give us some information so we can talk with them and decide what the format is. >> reporter: the campaigns will push for guaranteed opening and closing statements and commitments to distribute questions more evenly. ben ginsberg, a long-time rnc legal adviser. >> now it's time to make a course correction. >> 15% still leaves you with a $1.1 trillion hole -- >> reporter: candidates like carson say they want constraints on debate moderators.

are interested in disseminating the information about the candidates as opposed to, you know, gotcha. you did this. and defend yourself on that. >> reporter: as for defending, jeb bush after three mediocre debates has had to do plenty of it. >> i'm a grinder. i mean, when i see that i'm not doing something well, then i reset and i get better. >> reporter: bush tried unsuccessfully to get the better of ally turned rival marco rubio by attack dozens of senate votes missed while campaigning. a topic bush won't let go. >> i think he's given up. and i think that's the wrong thing to do. >> reporter: back to the debates. the campaign said there simply isn't enough time to incorporate all the desired changes into the november 10th debate on the fox business channel. there will, however, be longer -- there will be time for longer answers, norah. 90 seconds instead of 60. the debate format hasn't hurt marco rubio's campaign. in fact, it is helping him surge. a poll of likely republican

shows rubio at 13%, up from just 4% in september. donald trump remains in the lead with 26%, and ben carson has 16%. rubio discussed his campaign with john dickerson of "face the nation." >> in 2008 republicans running, talking about the democrats that were running, there were some senators running, barack obama, hillary clinton. constantly i heard republicans say they've never run as much as a lemonade stand, they don't have executive experience, they haven't met a payroll, they haven't governed. why doesn't that apply to you now as a candidate -- >> well, first of all, the presidency's not a bookkeeping job. i mean, it is not some glorified accounting job. it's the leader of the united states both of its people and of the nation and the government. the job of a president is to craft a vision for america's in the right position and hold them accountable for carrying out your agenda, but also to rally the country behind big causes. entitlement reform is a huge undertaking. it will never happen without presidential leadership. not to mention national security. is the most important job of a

president. in the context of barack obama he has now been president for seven years, he has significant executive experience and he's still making mistakes in my opinion, so it's clear that the issue with him is not that he didn't have executive experience. it's that his ideas did not work. and that's why i think it's important to elect someone to the presidency with the right ideas, ideas that allow the private sector to succeed because that's where you get job creation and economic prosperity, but also someone that understands the risks in the world today and what america's role in the world needs to be. >> but i guess when -- and this is obviously something your opponents are bringing up. jeb bush has said in a fund-raising appeal, he says you have no credible experience beyond governing. i guess the question is have you been in a position where you've had to make tough calls, where there are real consequences, and where do you get that strength from? if you were to make the presidency where you'd be in those kind of decisions all day long. >> it is true that the presidency's not like being a u.s. senator. but it's also not like being a governor. there is no office in the world

like the united states presidency. what i have shown over the last five years especially is judgment, good judgment, and understanding of the major issues before america, particularly on foreign policy. i do not believe there's anyone else in this race that has shown better judgment on the issues before america today than i have and a better understanding of them, especially on the foreign policy realm, which is at the end of the day the most important obligation of a president. presidents don't run the economy. what you do is promote policies that allow the private sector to succeed. >> the bush campaign called you the republican obama. is that an insult or a compliment? >> well, i don't think they mean it as a compliment. i certainly wouldn't take it as that. look, campaigns are going say whatever they think gives them an advantage, and obviously someone has convinced jeb that attacking me is going to help his campaign. it won't change the way we run our campaign. we're going to continue to give people a serious candidacy that's optimistic but also realistic about america's future, about our challenges, about the direction our country needs to go. that's what i'm going to focus on. as for the democratic presidential debates, cbs news will be hosting the next one in des moines, iowa.

that's november 14th at 9:00 p.m. eastern. both washington and hollywood are mourning the death of fred thompson, the politician turned actor died sunday from a reoccurrence of lymphoma. he was 73. charlie rose has his story. >> state workers' compensation systems are based on decades of experience and careful deliberation. >> reporter: fred thompson spend roles, in both washington -- >> you call me harry one more time you'll be busting counterfeiters in alaska. >> reporter: -- and hollywood. born in alabama, he became an assistant u.s. attorney in tennessee and gained national attention in the 1970s as chief republican counsel for the senate watergate committee. >> are you aware of any devices that were installed in the executive office building office of the president? >> yes, sir. >> reporter: after serving as a successful lobbyist for several years, thompson made the move to the big screen. >> pack them and rack them. >> reporter: playing government officials and authority figures.

>> senior captains don't start something this dangerous without having thought the matter through. >> reporter: in 1994 he was elected to the senate and served eight years. >> who's your trial judge? >> reporter: in 2002 he became a district attorney but this time for television's hit show "law & order." >> you know, one day this chair's going to be empty. >> i'm no politician, arthur. >> yeah. everybody says that. >> reporter: thompson took a break from acting in a short-lived run for the 2008 republican presidential nomination. i spoke with him on my pbs program. >> so why put yourself through this? >> i think it's time i stepped up again. at a time when i can do it freely and openly and be myself and do things my way, which i've been roundly criticized for, and just basically say this. this is the guy i am, i've always been. i've been on the public stage since i was 30 years of age. and what you see is what you get. the cbs overnight news will

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president obama is calling for a new program to help released convicts ease their way back into society. the president visited a drug treatment center in newark, new jersey, calling for job placement, housing assistance, and mental health services for those recently released. it comes as thousands of non-violent drug offenders are being set free from federal prisons to ease overcrowding. justice correspondent jeff pegues has details. >> this is about as far as i can go. >> reporter: after being in a halfway house and under home arrest for five months, 50-year-old michael higgins became a free man. the former public school teacher served ten years in federal prison for dealing meth and ecstasy. >> i was released two years early, and i am so grateful for that. >> reporter: he's one of some 6,000 federal inmates to be granted early release under a u.s. sentencing commission

program. in 2014 the commission voted to cut jail time for some non-violent drug offenders. the average 10 1/2-year prison sentence is being reduced by two years. this program is part of a bipartisan effort to reduce the federal prison population, which has grown to more than 200,000 inmates. also being addressed, evening out sentences for those caught with crack as opposed to powder cocaine, and loosening so-called mandatory minimum sentences. critics say both practices have led to high incarceration rates and unfairly targeted blacks and the poor. kevin ring represents families against mandatory minimums. >> congress has decided over the last 30 years to spend billions of dollars locking up non-violent low-level offenders. so we've shifted our resources to locking up drug dealers and offenders who can be treated in other ways and with shorter sentences. >> reporter: but some sheriffs and police chiefs disagree,

arguing that the mass release comes without a proper safety net for the former inmates. >> this is all going to be dropped into the lap of the american police. >> reporter: new york city police commissioner bill bratton. >> we're letting them out of jail. the treatment's not there. job training's not there. housing for many of them's not there. >> do you feel like your concerns have been heard at the federal level? >> no. >> reporter: the sentence reductions are not automatic. federal judges are required to carefully consider whether there is a threat to public safety. so far judges have denied about 26% of the total petitions that they have received. jeff pegues, cbs news, new york. in san francisco bay some alumni of the infamous alcatraz prison held a reunion. bill geist took the boat over for "cbs sunday morning." >> good morning, everyone. welcome aboard the alcatraz -- >> reporter: alumni of a renowned san francisco institution recently cruised to a rather remarkable reunion. >> you guys never bumped into each other at other facilities? >> no.

>> reporter: on the isle of alcatraz. >> most of us were hardheaded criminals. we were convicts. we came here hardheaded, and we left the same way. >> reporter: former guards, inmates, and their families were invited to return to the fabled prison. >> welcome to the rock. >> reporter: celebrated in a dozen or more films and once home to crime superstars al capone, george "machine gun" kelly, and of course robert stroud, the bird man of alcatraz. >> solitary again, huh? >> did you ever meet him? >> well, nobody met him. he was in solitary confinement. >> reporter: returning inmate robert luke, class of '59. >> i robbed a bank with a machine gun. so i got two ten-year sentences. >> tell me what it was like to be a guard in alcatraz. >> it wasn't very good.

>> reporter: guard george de vincenzi. class of '58. >> my first day, my first assignment, the first hour, monday morning i was in a murder in the barber shop. a customer getting his hair cut jumps out of the chair and the barber goes after him with a pair of seven-inch barber shears. gets him in the throat and the heart and the lungs. and me like a damn fool blowing the whistle trying to separate them. >> reporter: debbie townsend is the daughter of a former inmate. >> my dad was here for 12 1/2 years from '47 to '59. and i'm not so much proud of the things he did, but the bottom line is he was my dad. >> reporter: ex-con bill baker, class of '59. >> everybody who came here came here for breaking rules in other prisons. >> wasn't your original charge auto theft or something? >> yeah. when i was 18 years old i stole a car in portland, oregon, went

>> reporter: just like all reunions they renewed old acquaintances and recalled old times. only here in a more steely setting. >> they also told us if you ever went up to birdman's cell make sure you don't get closer than three feet frm the bars because if he comes up to the bars and you're closer than that he might grab you. >> it's hail and farewell to alcatraz. wearing handcuffs and leg irons the last 27 of its 1,500 prisoners leave the crumbling unsalvageable fortress for more modern federal penitentiaries. >> reporter: alcatraz closed in 1963, and aging alums are a vanishing breed. former reunions used to draw big crowds. but at this one there were but three guards and only two ex-cons. another alum, the infamous mobster whitey bulger, had to send his regrets. he's doing two life terms in florida. >> whitey bulger was here while i was here.

>> reporter: guard jim albright, dressed in his old uniform for the occasion. >> his only fault was if you did something he didn't like he wanted to kill you. >> reporter: the honored returnees mingled with the thousands of tourists that swarmed the island. they listened to audio tours and robert luke. >> now, when that door slammed shut behind me the first time, you really know that you're in maybe the last prison because i'd never heard that sound before. >> i go out when i was 30 years old. just short of -- >> how old are you now? >> 88. >> reporter: former inmate bill baker took a different path. for him alcatraz was a trade school. >> i learned how to counterfeit payroll checks. yes. everybody just about that i know here, that's what they live for, to get out and rob banks, cash hot checks or whatever. >> there's my cell here. >> this is yours?

>> this is mine. six-foot by nine-foot. >> six by nine. that's not even the size of a decent-sized rug. >> smaller than most people's bathrooms today. i can put my hand on both walls like that. flatten my hand on both walls. >> reporter: at age 82 baker says lately he's been thinking about retiring from his career in the crime sector. >> the last prison system i served i got out 4 1/2 years ago. just got married a couple days ago. and now i have a house, a car, a wife, and a dog. i got it honestly and legitimately, and i'm proud of it. >> took you a long time. >> took me a long time. >> and in that time returning to alcatraz has become a bit easier for some. >> oh, it's not bad. you know, i'm getting used to being here.

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if you spent any time in the military you know those little packets of processed food they hand out are just about the last thing you want to eat. well, pentagon scientists are trying to change all of that. mark albert explains. >> reporter: good morning. these mres keep troops alive but they've also given life to some not too kind nicknames. meals rejected by everyone.

and meals rejected by the enemy. now the military's top chefs hope that troops will soon be giving them a new nickname -- delicious. from tactical maneuvering -- >> let them have it. >> reporter: -- to taking down targets -- >> pick it up, pick it up. all right, let's move. >> reporter: and emergency rescues. >> prepare to lift. lift. >> reporter: this company from the army's old guard is burning 3,000 to 4,000 calories a day during their training at fort a.p. hill, living the maxim "an army marches on its stomach." >> anyone up for a banana ranger bar? >> yes, i want it. >> reporter: but complaints about the food are a daily staple. >> it's all-around terrible. >> it's delicious. >> it sounds good, though. >> it is good. >> it's not good. >> on a scale of 1 to 10 how is it? >> 3 or 4. >> you know mres sometimes get a bad rap. >> no, i don't know that. >> reporter: whipping up rations is the job of the defense department's jeremy whitsett.

tasty recipe. >> it's all about increasing war fighter performance. >> you're not just trying to keep them alive. >> not just trying to keep them alive, no. we want to help them fight and we want to help them win. >> reporter: in the army's test kitchen at natick research center outside boston winter's team combines culinary and scientific minds with high-tech equipment to create the next generation of mres, stuffed with added nutrients. >> all right. let's try them. >> like this chocolate protein bar. >> that's fortified with vitamin d and calcium which are two components that help to improve bone health and reduce the amount of stress fractures. >> reporter: or this new lemon pound cake. >> wow. it's fluffy. >> right. >> and it's fluffy like a cake. >> reporter: which is designed to improve muscle performance. it's full of omega 3 fatty acids which studies show also may deter the effects of traumatic brain injuries. these cooks can increase the levels of vitamins and nutrients because they are changing the

way the food is preserved. they've eliminated the need for sustained high heat, which kills vitamins and flavor. >> it's in the lab. >> reporter: the test kitchen also makes sure the 36 million mres the military buys a year make it to the troops, surviving air drops and rough handling. this new plastic developed by army engineers is not only lighter, which reduces a soldier's load, but it helps the food last langer and taste better. but perhaps the biggest culinary coup is the dish troops have craved for decades -- pizza. the problem -- how to keep bread, cheese, sauce, and meat together in one package for three years without it spoiling. >> we have a saying around here that chemistry happens. you can't just stop the chemical reactions that are taking place. >> reporter: but through science they think they've perfected the pie. >> we're able to control the

from the sauce into the bread by binding the molecules. >> reporter: back at army training -- >> what would be the number one food you'd like to see in an mre? >> probably have to say get some pizza in there. >> pizza? we brought this down from the army test kitchen. >> let's give this a whirl. >> reporter: private first class bryce keller got his wish. >> that's actually really good. >> it is. is it what you hoped for? >> it actually tastes like a cold pizza you had from the night before. >> what would you say to the scientists who have worked for about 20 years in the test kitchen to come up with pizza? >> i would say thank you because this is delicious. this is amazing. i like this a lot. >> reporter: the pizza delivery is scheduled for 2017. and the military's also working on tailoring mres to different climates. so troops in the arctic, for example, would eat something different than troops in the desert.

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an uber driver from orange county, california says he's had enough of the service after an apparently drunken passenger slapped him around from the back seat. police arrested the man, and the local d.a. will get the case later this week. mireya villarreal has that story. >> reporter: edward caban said he picked up that passenger at around 8:00 p.m. on friday night. he says the passenger was intoxicated, he wouldn't wear his seat belt, and he also couldn't give him clear directions, and that's when the ride got rough. >> you've got to give me directions. >> why do i have to give you directions? i put my address on the phone. >> no, you didn't. you refused to. >> reporter: the uber passenger becomes belligerent. then the video seems to show him falling over in the back seat. >> you're too drunk to give me directions, man. >> no. >> i'm kicking you out. >> i'm giving you the directions right now. >> no, that's it. >> the next thing i know i've just got fists flying at my face

pepper spray. >> reporter: the man swears and pummels caban, yanking his hair. a law enforcement official told our los angeles station kcbs that the passenger, 32-year-old benjamin golden, is a senior marketing manager for taco bell. >> the only way that i felt i was going to get him to stop beating me was to incapacitate him, was to use some kind of self-defense. i don't believe he would have stopped. >> reporter: caban has a camera in his car because he says he's faced unruly passengers before and uses the footage as evidence. >> safety is a big concern in the driver community. and i wanted to show other drivers what happens. >> reporter: unlike some taxis, there's no partition between the driver and the passenger. when riders sign up for the service, they agree to a code of conduct. there's also a rating system for riders. but that's not enough to make some drivers feel safe. caban says he's done with uber

for now. >> no, i don't feel safe driving for uber anymore. >> reporter: in a statement to cbs news uber says, "we've been in contact with mr. caban and are thankful he is doing okay. the rider involved in this incident has been permanently banned from the platform." benjamin golden is out of jail, and he is now facing charges of assault on a cab driver as well as public intoxication. and that's the overnight news for this tuesday. for some of you the news continues. for others check back with us a little later for the morning news and "cbs this morning."