on this tuesday night, breaking news. as protests swell in baltimore, late word tonight 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 amica. 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 tonight lester holt. good evening. we begin tonight with breaking news 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 been peaceful, but determined to get answers. >> i have a son. and i would never wa this to happen to my son. >> reporter: gray family attorney billy murphy wants t 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 community goes back decades. local nbc reporter jayne miller has covered the city for 30 years. >> these folks in these communities where there's higher crime, where there's depopulation and there's blight they dealing with this kind of interaction wi police all the time. police commissioner is meeting with residents in this same neighborhood. >> we have a long way ahead 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 ins their investigation will be transpar and they say it will be honest and complete, le >> tom coste baltimore,. the same jury that convicted tsarnaev for the boston marathon bombing today 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 t convince that jury to sentence tsarnaev to death. our justice correspondent pete williams was in the courtroom today. but first a warning there are disturbing and even offensive images in this report that the prosecution says is central to its case. >> reporter: some jurors wiped away tears today as victims who were seriously injured by the bombs recounted the terror, the chaos and excruciating pain. celeste corcran, who lost both legs said it shurt so much she thought she might die and at one point hoped she would. first heard the sounds captured in the moments after the bombing. >> unless you were there, unless you saw those pictures,

don't thin can begin to imagine -- you can't begin to imagine the horror of thatay >> reporter: her husband, kevin, sa last week during a court recess that dzhokhar tsarnaev should get the dea penalty. as the mother of krystle campbell sobbed in the courtroom, her father said when she was rushed to the hospital he thought she patient in surgery. when he walked in the room and found out it wasn't her, he passed out on the floor. asked what he misses the most, he said i still miss my hu every day. she never left the house without gi me a hug. this phase of the trial began with the prosecution 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 hav been 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 sho a photo of tsarnaev taken in a holdi cell in before the hearing making an offensive gesture three months after the bombing.

prosecutor said his gesture showed he was unconcerned, unrepentant and uncaring and untouched by the grief and loss he caused. it message to america. defense lawyers have opted to give their opening statements when they begin presenting evidence, probably early next week. the jury must decide between life w the possibility of parole or death by lethal injection. to choose the death penalty the jury be unanimous. lester. >> pete williams in boston, thanks. a not guilty plea today from the tulsa oklahoma reserve deputy who claims he mistakenly shot a suspect dead when he mixed up his gun and taser. rod on a sec mansla court where he also asked to take a vacation to the bahamas which the judge approved. the victim's family says his request sends a message of apathy about the shooting. a massive recall tonight involving one of the most popular brands of ice cream nationwide. grocery stores in 23 states are dumping millions of gallons of

blue bell. and families are being urged to check their freezers and do the same. prompting one of the widest recalls ever. janet shamlian reports. >> reporter: one of the nation's most popular 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 th sick. >> reporter: sold in 23 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 infectious bacteria carried by animals and it can be transferred

to food like the milk used in ice cream. and it can live and grow in freezers. most serious i with weak immune systems, the elderly, newborns and pregnant women. symptoms include muscle aches, naus and fever. one in five infected can die. >> if you're healthy and exposed yo likely not any major symptoms other than a mild gastrointestinal illness. >> reporter: withi the last few months sabra humus and apples frozen meals all recalled for possible listeria contamination. back for a refund or throw it out. >> reporter: tonight as millions of gallons are trashed, b says the shelves will stay empty unt safety is guaranteed. janet shamlian, nbc news, houston. the chief of the drug enforceme administration is retiring amid scandal. michele leonhart has led the dea since 2007. she has faced mounting criticism especially sie an inspector general report last month found that agents had sex parties

in colombia with prostitutes paid for by cartels. turning overse where u.s. warships are shadowing an iranian convoy off the coast of yemen. the fear is that tho ships are carrying weapons and that they cross from international waters into yemeni wa that could put the u.s. in a positi where it w take action. chief pentagon correspondent jim miklaszews for us. >> reporter: the u.s. aircraft carrier theodore roosevelt the north arabian sea today stalking iranian warships but at a distance. just over the horizon a convoy of five iranian-guided missile frigits and two freighters. indicates that cargo ships are loaded with weapons for iranian-backed houthi rebels locked in a bloody civil war in yemen. but the iranian convoy is under constant surveillance by u.s. navy war plane 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 messages about it. >> reporter: for now the iranians show no signs of challenging the blockade, inching along at 5 knots just outside yemen's territory waters to avoid any military confrontation with u.s. or coalition forces. confident the irania 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 mediterran saturday drowning at least 800 migrants is under arrest in italy tonight as investigators piece together what happened. the captain was one of just 27 survivors. the italian island of lampedusa has become a weigh station where thousands of desperate migrants. our ch correspondent richard engel was there. >> reporter: around midnight 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 sea has been unforgiving. migrants have long tried to cross the mediterranean for europe and it's still been dangerous. even when there's just a little wind like today the seas can be

quite rough in the 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. >> reporte on deck or down below? >> yes. >> reporter: insid >> inside. >> reporter: they left from 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 means to be transgender. and later, the crowded house party as tv goes back to the future. der. > and later, the

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rarely do we hear from the youngest members of the transgender community. tonight, our national correspondent kate snow 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 loves karate and dogs and spaceships and playing with his sisters. so two sisters and you're the brother, right? >> yeah. >> reporter: were you always the brother? >> not always. >> reporter: what were you before? >> i'm their sister. >> reporter: how 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. >> reporter: 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. >> reporter: jacob? >> yeah. >> reporter: you already picked it out, right? >> you look beautiful right now. >> reporter: even something as simple as a haircut wasn't. >> i want someone to cut my hair like i want it to be like that. >> reporter: mimi didn't know what to think. >> i even found him kind of poking a himself saying things like 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 play 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 sistence persistence and insistence. sh those markers. >> reporter: pediatrician says gender identity is formed very early. >> it's not a fad or phase. 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 of development. >> reporter: last spring they went to disney world 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. >> reporter: people are 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 this 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. >> reporter: people who are transgender face a greater risk of anxiety and depression. and according to 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 an heart. >> uh-huh. >> it's whether or not we accept 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 fe years older. >> that decision coming a lot quicker

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everything old is new again on tv these days with the rumored revival of "full house" now apparently a done deal. it's a good thing the tanner family from that sitcom is used to crowded quarte because they've got company. so many tv favorites coming back al them. here's nbc's joe fryer. >> reporter: the the song alone will take you back 25 ye 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 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: t "x-files" is

returning after a 13-year hiatus. the list of resurrected tv show ss growing from the '90s comedy "coach" to the sci-fi saga "heroes." >> as it becomes harder a h find a hit on television, i think people are taking a look back at the things that worked in the past. you have netflix renewing these like 20-year-old shows. >> reporter: not without challenges. >> this is -- ex me, a damn fine cup of coffee. >> reporter: the fate of showtime's "twin peaks" revival after creator david lynch said he would no directing. such come with risk and reward, but when it comes to tv show encores, right now -- >> you got it, dude. >> reporter: - full house. joe fryer, nbc news. >> that will do it for us on a tuesday night. i'm lester holt. for all of us at nbc news, thank you for watching and good

lights camera access. it starts sort of as a reunion. >> will the beautiful lori loughlin return as up at becky? >> it's not on us. it is now on them. >> a full house divided? i'm billy bush. only we have lori lock win o