was a sophomore at fulton high school in knoxville, tennessee. he played football and was beloved by classmates and teachers. the week before christmas he headed to a friend's house to play video games. he had not made a bad decision. he was exactly where any other kid would be. your kid. my kids. and then gunmen started firing. and he was in high school, had not gotten started in life. he dove on top of three girls to shield them from the bullets. he was shot in the head. he gave his life to save theirs. an act of heroism a lot bigger than anything we should ever expect from a 15-year-old. the man lay down his for his

friends.

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>> there has been an arrest in the shooting death of a college student in what may have been an act of road rage. he's a marine corporal who was arrested in yuma, arizona. he is accused of gunning down 20-year-old sarah early new year's day as she drove with friends home from a party. in another big story today, floodwaters are receding along parts of the mississippi and rising in others. tonight 23 illinois counties have been declared disaster areas. we are in olive branch. >> this is where the mississippi river is pouring into one of the poorest counties in the state of illinois. alexander county. i'm standing on the small levy

that failed four days ago and now that breech is nearly a mile wide. >> nearly 125 properties have been flooded. david owns three of them. the mississippi river is at his front door. >> looks like you built this in the middle of the lake. >> 30 years ago this didn't happen. >> he was one of the people who accepted a state buy out and agreed to leave. >> when did they offer you the buy out? >> after the floodwater went down. >> in 2011? >> yes. >> and you took it. >> have you gotten your money? >> nope. four years, seven months. nothing. >> he moved away and waited for reimbursement. this truck driver turned it down. >> we can't afford to move. you just can't up and move like that. >> johnson said he doesn't have the money to start over. the median income is just under $27,000 a year.

less than half of the stayed's income. as for david willis, whether or not he gets his money, he made up his mind. >> have you made up your mind? >> nope. >> because of that? >> because of that. >> it started further north and killed 25 people in illinois and missouri. >> it may be two years before this breech is repaired and could be two weeks before the flooded areas are dry. the good news is the water is receipting into the mississippi river above flood stage from here to louisiana. >> thanks. in the west, storms are going to hit one after another, powered by the warming pacific current known as el nino. here's ben tracy. >> it's literally raping cats a and dogs. >> snarling roadways and covering the 101 freeway in mud. this mini cooper was no match

for the mega rain. the driver jumped to higher ground. people living in areas charred by wildfires were encouraged to evacuate. steel netting has been installed to catch debris. he lives below the mountain and decided to leave. >> night time i don't want to go to sleep wondering if the debris is going to come down again. >> bill is a nasa climateologist. >> we tend to focus on the negative impacts, but the fact of the matter is we need all of this rain. >> this is going to be a fantastic down payment on drought. we can anticipate anywhere between four and six inches of rain here in los angeles. it's normally double what we get in january. >> the l.a. river is rushing tonight, sending billions of gallons of water out to the ocean. that is what prevents los angeles from flooding. there is more rain in the forecast.

expected to hit southern california tomorrow. >> ben tracy reporting this evening. thank you. today in afghanistan, one service member was kill and two others wounded in a fierce battle near the southern city of marja. the taliban was advancing american special operations forces and supporting the afghan military. in the race for the next commander in chief, ronald reagan once said the 11th commandment is thou shall not speak ill of another republican. he wouldn't recognize the melee just four weeks before iowa. here's major garrett. >> this a d'backing ted cruz mocked the foreign policy of toughness. >> i know i have a debate. >> cruz took his own fire from rick santorum who ridiculed his iopensn for filibusters. >> you want someone to read a bedtime story?

ted is your guy. if you want to defeat isis, rick santorum is your president. >> they branded chris christie an out of step liberal. >> one high tax common core obama kcare expanding presidents enough. >> they attack their opponents and leaving that to the funded super pacs. . >> the super pacs are supposed to operate independently from the campaigns, although rubio said he does support the group's message. >> these are serious policies. there nothing in the ads that enact. >> the super pac ads do not necessarily tip the scale. the group spent tens of millions only to see push's poll numbers tumble, leaving bush to scramble for attention on live tv vowing he has been tougher than anyone on donald trump. >> that's my job. you have to take on the bully

head on. that's what i'm doing. >> he told the post that rubio cannot slime his way to the white house. those attacks came from a rubio super pac and not rubio himself was a distinction lost on christie as it may be for voters. >> on the muddy campaign trail. thanks very much. >> in new york in the democratic race, bernie sanders took aim today at front-runner hillary clinton over ties to wall street. he said wall street's greed is destroying the fabric of the nation. >> and here is a new year's resolution that i will keep if elected president and that is if wall street does not end its greed, we will end it for them. >> he vowed to break up the country's biggest firms. a documentary leads to a campaign to release a convicted

murderer. and a ceremony at west point marks a milestone for women. cbs overnight news will be right back.

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. a new documentary turned viewers into amateur detectives and again to bat for a man serving life for murder. >> thanks to a show on netflix, the website change.org has a hit on his hands. >> in less than a month, more than a quarter of a million people around the world signed a petition on the site demanding justice for a man in prison for life and featured in a netflix documentary. mike jones is with change.org. >> for it it go from a few thousand to a few million signers, it shows this is tapping into a national conversation. >> i didn't know what to do and how to handle it. >> it's due to this series, making a murderer. launched last month that told the story of steven avery.

he's the wisconsin man who served 18 years in prison for rape before being exonerated in 2003. >> we find the defendant guilty. >> only to find himself in prison again on a murder conviction in 2007. since its debut, millions of viewers spent hours binge watching it and discussiong the case in online chat rooms. they said he was framed by authorities who lied and planted evidence. ken kratz who prosecuted said the series is misleading. >> steven avery is right where he needs to be. that's in prison for the rest of his natural life. >> avery's lawyer said the reaction to the series has included useful information for the defense. >> we can't afford not to at least sift and consider

something that might be useful to one human being who right now is facing a slow death in prison. >> here in wisconsin, scott walker has the power to pardon someone, but during two terms in office, he has never used it. scott, his aides say he is not going to change that strategy now. >> dean reynolds, thank you very much. the justice department takes action after a cbs news investigation. that's next.

we have an update on a

compounding pharmacy that mixes custom drugs. last year they discovered downing labs sent people millions in medications and they did not order. the lab was investigated for unsanitary conditions. yesterday the department of justice filed an injunction that forces downing to stop mixing drugs until an outside expert inspects the facility. in a first for the u.s. military academy, general diana holland was sworn in as commend ant of cadets. she is a 1990 graduate of west point and served in iraq and afghanistan. in a moment, students dancing their way to success. have played some characters have played some characters you could call controlling.

but the truth is: there's so much in life we can't control. here's something we can: colorectal cancer. it's the second leading cancer killer in the u.s., but it is almost entirely preventable! most colon cancers start as polyps, and screening finds polyps, so they can be removed before they turn into cancer. if you're over 50, get screened. screening saves lives. it could really save your life.

tonight we saved the last dance for mark strausman in atlanta. >> this is the hip hop dance challenge. you also wonder, who is that little aged dude who can do it like them. are once we started, i said i'm so bad. let's film y'all. they said no, you have to be this it. >> ron clark, a former teacher of the year founded the academy in 2007. it's a private middle school, part hog wards and part harbor.

learning comes to for kids academically diverse and often lower income. the viral video stars including seventh greater jayden lindsay. >> the message is to say we can do fun things while learning at the same time. >> every student but one in the school's history has gone on to college. mason calhoun is another seventh grader. >> it's indescribable the amount of love shown from the teachers towards us. it motivates us to push ourselves and be amazing citizens. >> the message is about who we are. to show kids that you care. when kids know that you are willing to meet them and learn about your culture and interact with with them,y that will work harder. >> by breaking the mold, ron

clark and his kids keep busting the right moves. cbs news, atlanta. >> and that's the overnight news for this wednesday. for some of you, the news continues. for others check back with us later for the morning news and of course cbs this morning. from the broadcast center in new york city.

this is the cbs overnight news. welcome to the overnight news. the latest political battle over gun control has both sides locked and loaded. an emotional president obama announced that it is surrounded by family members of those killed by family members. on capitol hill they promise a court fight and vow to undo the president's actions if and when they retake the white house. jan crawford reports. >> every family who never imagined their loved one would be taken by a bullet from a gun.

>> it was an emotional appeal. >> we maybe can't save everybody, but we can save some. >> a had political call to action. >> the gun lobby may be holding congress hostage, but we do not have to accept this. >> the president called the actions commence sense steps that helped the second amendment and expressed solidarity with the people who surrounded him at the white house. a father who lost a 7-year-old and the daughters at the church and a congresswoman nearly killed after being shot in the head. >> the right to worship freely and safely. that right was denied to christians in charleston, south carolina. that was denied jews in kansas city and denied muslim this is chapel hill and sikhs in oak creek. they had rights too. >> the direct is focused on the

system of background checks including requiring all gun dealers, even though who sell firearms at gun shows and the internet to be license and conduct background checks and improving the system by hiring more investigators to make them more efficient and effective. increasing the treatment and r79ing to the background check system. the issue of stricter laws remaining divicive 92% of americans support background checks. the president in the wake of the sandy hook shootings failed to get legislation through congress that would expand them. he wants voters to kick gun rights supporters out of office. >> this is not that complicated. the reason congress blocks laws is because they want to win elections. if you make it hard for them to win an election if they block the laws, they will change course.

i promise you. >> the president could face constitutional challenges that these actions exceed his presidential authority. but the nra in a statement indicated it may hold off saying the actions doesn't appear to change anything and are simply political theater. jan crawford, cbs news, the white house. >> the president's new gun control initiatives are all the talk on the campaign trail. hillary clinton called the actions a crucial step forward on gun violence. republican ted cruz said they are not worth the paper they are written on. major garrett is in manchester where five canned states stumped for votes. >> the battle kreereached a tur point. they r turning on each other in tv ads. bill clinton tried to deflect the tougher rhetoric from donald trump telling voters he is just a happy grandfather who not angry at anybody.

>> i do not believe in my lifetime anybody has run for this job at a moment of great experience who was better qualified by knowledge, experience, and temperament to do what needs to be done now to restore prosperity. >> in new hampshire, the clinton family made his first solo visit on his wife's behalf. the 42nd president credits the state for the campaign's revival in 1992. the former president picked up where he left off from hillary's primary victory in the granite state. >> i would say every american should have a right to meet at least one president in their lifetime. every american. in new hampshire, your odds go up. >> hillary clinton continued her campaign turning over a new leaf. >> i will let him live in his alternative reality and not

respond. >> donald trump was battling his rivals, needling ted cruz for copying immigration plans. >> he said we will build a wall. he is a politician so he would not know where to start. >> don't engage in the mud slinging and the games. >> they made a detour to smack marco rubio as a threat. >> i know i have a debate, but i have to get this fantasy football thing right. >> the thread to rubio now with new hampshire. >> common core obamacare and medicate expanding president is enough. >> he took heat for showing water crossers in morocco discussing illegal immigration in america. >> if that was video footage, it's the display of what our country is going to look like. we are a dumping-ground. >> republicans battling the trump campaign said it was unlikely that moroccan video will tarnish trump or his tv ad.

details for trump supporters are much less important than a message of strength in the face of a perceived danger. one other thing is it doesn't attack republicans. only the president and hillary clinton. >> the militia men occupying a wildlife office in oregon didn't come prepared for a long siege. it started out as a protest against the arrest of two ranchers for setting fires and now the occupiers have taken to facebook asking for snacks and even clean socks. john black stone has the latest. >> there was not a single law enforcement officer to be seen for miles. the sheriff david ward had a message for those occupying it. >> you said you were here to help the citizens. that help ended when a peaceful protest became an armed occupation. they turned themselves in. it's time for to you leave our

community. >> the group said they have no plans to leave. they even thoughed us around the com bound they took over. >> how many people are living >>re in. they refused to say how many joined the group they call citizens for constitutional freedom. the leader tweeted we have no intentions of using force upon anyone, but if forces used against us, we will defend ourselves. they are demanding an inquiry of why they ordered back to prison for setting fires on federal land after they already served prison time. >> it has been left to us to decide whether we allow these things to go on or whether we make a stand so they will not happen to other people across this country. >> many in the area who support the hammonds oppose the occupation. >> it's imperative to find ways to address the issues that are

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. >> the british parliament is up this arms over reports that the latest murderous spokesman for the islamic state was arrested on terror related offenses times. he was released each time and by the time the british government sent a letter ordering him to surrender his passport, he was on the way to syria. we have a report from london. >> please be to allah. >> he was raised a hindu and converted to islam as a young man. he joined a band radical group led by the extremists. in 2014 he was arrested on suspicion of encouraging terrorism, but released for lack

of evidence and immediately made a break for syria and joined isis, tweeting what a shoddy security system britain must have to allow me to breeze through europe to the islamic state. later using his isis name, he posted a photo of himself holding a gun and his fifth child. >> in the recent isis video that apparently shows the execution of five men, the man is masked. in it he taunts the british government. >> how strange it is that a leader of a small island -- >> his sister can't be sure the man is her brother. >> i think it's hard to say given what i have seen. i am not entirely convinced that it is. my honest opinion is that it might not be. >> many others who knew him think it probably is. one of the hundreds of british ci nzensow in syria including this little boy who appears at

the end of the video, he is thought to be about four years old. >> to establish the identity of that masked man conclusively, services are going to examine as much as they can of his face behind the task and compare his voice with the samples they have on file. >> this year's powerful el nino is bringing drenching rain up and down the california coast, but so far done little to end the four-year long drought. 90% of california is suffering under severe drought conditions. we will see the effects on the state's forests. >> we took off from an air field near sacramento and minutes later we saw this. reservoirs at record lows and forests dying. >> there is a lot of red on the screen which is a sign that we're over an area that is in trouble. >> greg is the director of the

carnegie airborne observatory. his lab has high tech lasers that scan 15 acres of forest a second. it's like having x-ray vision that produces vivid images of the health of the trees. >> our system is seeing the trees that are stressed. >> the cutting edge technology funded in part by "avatar" director james cameron creates one-of-a-kind 3d maps. the red areas on this map are severely stressed. blue areas are healthier. >> it reads how much moister is in each tree? >> the measurement is focused on how much water is in the foliage itself. it's like getting a blood test and one of the key indicators. >> the data released this week by his team shows california's forests are in very bad shape. 58 million trees are severely stressed and could die. an astounding 888 million have

seen measurable water says loss since 2011. >> the drought impacted nearly one billion trees? california? >> that's correct. >> the u.s. forest service has more than 29 million trees have already died. >> trees that have totally succumbed. >> these maps will help know which are vulnerable and wildfire officials know where the greatest risks are. >> the severely stressed trees, are they past the point of no return or recoverable? >> we don't know if they will be gone or bounce back overtime. >> el nino-fuelled winter storms are expected to bring much needed rain. the scientists are hoping that will finally turn the golden state a bit more green. ben tracy, sacramento. >> environmental activists are plotting a new law that outlaws microbeads used in personal care products.

how these particles are polluting our lakes and rivers. >> it's known as the mikery bead free waters act. it is designed to eliminate bits of plastic from products many of us use every day. >> they are found in many health an beauty products like soap, body skrup and toothpaste. they are used to add polish. no bigger than a grain of salt, they are a big person for environmental scientists. they say the tiny particles are a harmful source to lake and ocean pollution. >> the fish are eating these microbeads and they go from your face back into your body. >> at the institute they studied plastic and pollution in waters around the world. theymicrobeads in the san francisco bay.

not all plants are able to filler them out. >> they are absorbing pesticides from farms and they will stick to the microplastics and beads. they can enter the food chain. >> a single product can contain up to 300,000 nonbiodegradable beads and in september california banned the sales of products containing microbeads. they are thrilled california is following the lead. >> it's significant because you will have 50 states doing the same thing. i have no doubt this is going to spread now to other countries. the longer we have these pollutants in the environment, the harder it is to take action to effectively clean up after them. >> the law passed surprisingly quickly, but it's not immediate. they prohibit the manufacture as of july 1st, 2017.

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♪ >> tom jones, make that sir tom jones told more than 100 million records over his six-decade career. in his memoire over the top and back, he accounts how he rose from the coal fields of wales to become an international singing star and honorary knight of the

realm. the 70-year-old sat down for a chat. >> you wanted to be a white wilson picket. >> yeah. i met otis redding and he said we try to do what you do. i said what i am trying to do, you do. >> tom jones was 24 when he left wales and moved to london to break into music. within a year, he had a number one hit. ♪ it's not unusual >> the first time you heard it, you knew it was something for you. >> yes. >> the problem was jones's manager who cowrote the song wanted to give it to another singer. but jones was told he could record the demo. >> i said i can write a million of those. he never did.

he never wrote another like that. >> when the other singer sandy shaw turned down the tune, jones got the chance. >> the recording manager said we have to rough this up. we have to just rip into it. because the demo was like -- ♪ it's not unusual ♪ we had to have something more. ♪ but if i ever find that you change ♪ >> it's the most important record that changed my life. ♪ >> his next hit would be the theme song to a woody allen film written by burt back rack. >> what's new pussycat ♪ >> what did you think? >> i thought he was joking. i thought that burt was joking with me. it's really a strange melody

even today. you know what i mean? i was 25 then. i thought what is this? he said this is not a rhythm and blues song. i said i know that. ♪ she was my woman >> a string of hits through the 60s made him a star. >> this is tom jones! >> it was the abc series this is tom jones that made him a household name. >> this is tom jones really what kind of turned you into a sex symbol. >> i think i was a sex symbol when i started singg. ♪ let's really start to live >> do women still throw underwear at you? >> no. no. it started in the copa cabana in

new york in 68. this woman stood up and, you know. handed them to me. i didn't miss a beat. i hope you don't catch cold. you have to roll with it. it was written up in the newspaper. it backfired. i wasn't being taken seriously as a singer. they show that more than they heard what i was singing. >> at one point you got opposite advice from frank sinatra and elvis presley. >> elvis listened to jones's records and didn't like an album of standards he released. >> he said tom, we don't go there. he said we leave that to frank. we. he said we. i thought wow. elvis is -- >> putting me in the same. >> that was a big compliment to me. i had been tucking to frank sinatra at the galleria.

he would say you have a great chance. leave that pop stuff alone. you have to come with me. i said frank, i love it all. i do. >> that worked for you, but sometimes it worked against you too. people don't know where to put you. >> exactly. that's the problem. my versatility would be an asset, but sometimes people say what is tom jones? i'm not in the rock 'n' roll hall of fame. >> do you want to be? >> i would like to be, yeah. i'm basically a 50s rock 'n' roll singer. ♪ she's a lady >> he may not be in the hall yet, but sir tom jones has been a member of an even more exclusive club. >> you got a knight hood that i know means a lot to you. >> the queen puts that sword on your shoulder, that was unbelievable. something i never dreamed of in

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some of the america's favorite cocktails were actually invented overseas. take the bloody mary. we found the birth place in paris. >> this is harry's new york bar in paris. it's called new york because it really was a bar in new york that the original owner had dismantled and shipped to paris a little over 100 years ago. >> it's an old bar since the 19th century. >> harry was added later when harry bought it after the first guy went broke. >> probably from shipping that bar to paris. >> this obviously american bar has a singular historic distinction. back in the 1920s, a bartender mix mixed worst shirt with tabasco

and salt and pepper. i love the way he does this. don't forget the vodka and to mato imato juice. this is where the bloody mary was born. it's a brunch staple for when you need hair of the dog. prohibition closed bars in the united states, some american bartenders came looking for work. they brought a new idea to the french. cocktails. mixed drinks to a country used to drinking wine. at the same time paris was a refuge for a lot of russians escaping the communist revolution back home. they brought this stuff called vodka. there a lot of different versions. the most widely accepted is a barman found vodka too bland. he added tomato juices and

spices to give it flavor. as this family from massachusetts can attest to. >> perfectly spiced. >> it's bloody because of the tomato juice and mary is believed to be someone's girlfriend. after a few, who remembers the details. it's a versatile drink that inspires many interpretations like at a mexican restaurant it's made with tequila. >> a bloody maria. >> at a sake bar, it's made with sake and wasabi. harry's is still owned by the family and last year they sold more than 12,000 bloody marys. >> everyone wanted to try one at harry's bar. >> don't you? >> that's the overnight news for this wednesday. for some of you the news continues. for others check back a little later for the morning news and cbs this morning. from the broadcast center in new york city.

>> with silence more powerful than words, the president mourns victims of gun violence and takes action to stop it. also tonight, a rolling disaster. mississippi floodwaters swallow up more of the heartland. a popular documentary about a convicted killer brings demands for his freedom. >> this has been on of the biggest entertainment campaigns we've ever seen on the flat form. and a teacher of the year in the video of the week. ♪ >> it was a sight we rarely see, tears from the most powerful man in the world, powerless to get the united states congress to

tighten gun control laws. the president was announcing what he would do by executive action, without congress, when the memories of these victims, 20 first graders from newtown, connecticut, 6 or 7 years old, choked mr. obama in mid sentence. >> every time i think about those kids, it gets me mad. and by the way, it happens on the streets of chicago every day. >> there have been 13 mass killings during the obama presidency. each time republicans voted against gun legislation. but last month, after san bernardino, mr. obama decided to act on his own. given the limits of his power, his actions today are not sweeping. the most significant simply expands background checks for gun sales online or at gun shows. currently about 40% of sales have no background checks at all. chief legal correspondent jan

crawford is at the white house. >> and from everyam fily who never imagined their loved ones li would be taken from their lives by a gun. >> reporter: it was an emotional appeal. >> maybe we can't save everybody, but we can save some. >> reporter: and a political call to action. >> so the gun lobby may be holding congress hostage right now, but they cannot hold america hostage. we do not have to accept this is the price of freedom. >> reporter: the president repeatedly called the executive actions common sense steps that respected the second amendment and he expressed solidarity with the people who surrounded him at the white house -- a father who lost a 7-year-old, the daughters of a pastor at a charleston church, and a congresswoman nearly killed after being shot in the head. >> the right to worship freely and safely, that right was denied to christians in charleston, south carolina.

and that was denied jews in kansas city. and that was denied muslims in chapel hill. and seikhs in oak creek. they have right, too. >> reporter: the directors focus largely on a system of background checks, including requiring all gun dealers, even those who sell firearms at gun shows and on the internet to be licensed and conduct background checks, improving the current system by hiring more investigators to make background checks more efficient and effective, and increasing mental health treatment and reporting to the background check system. although the issue of stricter gun laws remains highly divisive, 92% of americans support background checks. but the president in the wake of the sandy hook shootings failed to get legislation through congress that would have expanded them. today he says he h wants voters to kick ardent gun rights supporters out of office. >> this is not that complicated. the reason congress blocks laws

is because they want to win elections. if you make it hard for them to win elections, if you block those laws, they'll change course, i promise you. >> now the president could face constitutional challenges that these actions exceed his presidential authority. but the nra in a statement, scott, indicated it may hold off, saying these actions don't really appear to change anything. and they're simply political theatre. >> january crawford at the white house. if it is political theatre, the candidates played the president's proposals as high drama today. nancy cortis was in the audience today. >> reporter: marco rubio called the president's plan unconstitutional. >> barack obama is obsessed with undermining the second

amendment. >> house speaker paul ryan accused mr. obama of a dangerous level of executive overreach. a texas republican who is on a committee that controls spending threatened to cut the purse springs. >> he overstepped his authority. i will take immediate action to restrain him. i'm not going to wait for a lawsuit. >> reporter: there was a hail of tweets in real time say, president obama's executive orders will do nothing for public safety. they issued this warning for any lawmake lawmakers siding with president obama. all nra grades can change. this is a democrat whose connecticut district includes sandy hook elementary, where 20 children and six adults were

gunned down in 2012. what do you say to republicans who argue the president just doesn't have the constitutional right to take these actions. >> it's not good enough to say i don't like what you're proposing. then bring forward your own proposals, but for god's sake, do something. many congressional democrats applauded the president's actions today, but they don't control congress, and if he wants more money for things like additional atf agents, he's going to have to win over some republicans. and right now, scott, that seems unlikely. >> nancy, thank you. >> we want to note that demand for guns is soaring. the fbi says it conducted a record 23 million background checks last year. mr. obama also cited a hero in the battle against gun violence. an 18-year-old who found himself in the way of a gang shooting. >> xavion was a sof fore in

knoxville, tennessee. he played football, beloved by his classmates and his teachers. the week before christmas, he headed to a friend's house to play video games. he wasn't in the wrong place at the wrong time. he hadn't made a bad decision. he was exactly where any other kid would be, your kid. my kids. and then gunmen started firing. xavion, who was in high school hadn't even gotten started in life. he doe on top of three girls to shield them from the bullets. and he was shot in the head. he gave his life to save theirs, an act of hero wichl, a lot bigger than anything we should expect from a 15-year-old. 2k3wr5e9er love hath no man than this, than a man who lays down his life for his friends.

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there's also been an arrest in the shooting death of a college student in den ton, texas, in what may been an act of road rage. the suspect is a marine corporal, eric johnson, arrested today in yuma, arizona. he's accused of gunning down a 20-year-old early new year's day as she drove with friends home from a party. in another big story today, floodwaters are reseeding along some parts of the mississippi, but rising in others. tonight, 23 illinois counties have been declared disaster areas. >> this is where the mississippi river is pouring into one of the poorest counties in the state of illinois -- alexander county. i'm standing on a small levee which failed four days ago, and

now that breach is nearly a mile wide. more than 125 properties in alexander county have been flooded. david willis owns three of them. the mississippi river is at his front door. >> looks like you built this in the middle of a lake. willis was one of the people in a flood zone who accepted a state buyout and agreed to leave. when did they offer you the buyout? >> right after the floodwater went down. >> reporter: in 2011? >> yes. >> reporter: and you took it? >> yes. >> reporter: and you haven't gotten the money? >> nope. >> reporter: he had the money to move away and have the state reimburse him. richard johnson turned down the offer. >> i told my wife, we can't afford to move. you can't just up and move like that. >> reporter: johnson says he doesn't have the money to start over. the median income in alexander county is $27,000 per year, less

than half of the state's median income. as for david willis, whether or not he gets his money, he's made up his mind. do you think you'll ever come back? >> nope. >> reporter: because of that? >> because of that. >> reporter: that's the levee that was breached because of floodwater that started further north and killed 25 people in illinois and missouri. it may be two years before this breach is repaired. it could be two weeks before the flooded areas are dry. but the good news is the water is reseeding, bahhing into the mississippi river, which is above flood stage from here to louisiana. >> thanks. the warming pacific current known as el nino is powering storms in the west. >> here's ben tracy. >> reporter: the rain came down hard, up to an inch an hour, snarling roadways and covering part of the 101 freeway in mud. this mini cooper was no match for the mega rain.

the driver jumped to higher ground. people living in areas charred by wildfires were encouraged to evacuate. steel netting had been installed to catch large debris. hal hyman lives below the mountains and decided to leave. >> at nighttime, i don't want to go to sleep wondering if the debris is going to come down again. >> bill passert is a kiemtologist. >> the fact of the matter is we need all of this rain. >> this is going to be a fantastic affect on drought. we can anticipate anywhere from four to six inches of rain here in los angeles, which is normally double what we get in january. >> the l.a. river is rushing tonight, sending billions of gallons of washington out to the ocean. the good news is that is what prevents los angeles from flooding. there is more rain in the forecast expected to hit southern california tomorrow.

>> ben tracy reporting this weekend, thank you. >> today in afghanistan, one u.s. service member was killed, two others were wounded in to a fierce battle near the southern city of marja. the taliban had been advancing. american special operations forces are supporting the afghan military. in the race for the next commander-in-chief, ronald reagan once said the 11th commandment is tthou shall not speak ill of the another republican. he wouldn't recognize the melee just four weeks before iowa. here's major garret. >> reporter: this ad from a super pac backing ted cruz mocked marco rubio's foreign policy toughness. >> i know i have a debate, but i have to get this fantasy football thing right. >> reporter: santorum ridiculed rubio for filibusters.

>> if you want to defeat isis, rick santorum is your president. >> reporter: the super pac branded chris christie an out of step liberal. >> chris christie, liberal energy-loving, obama care medicaid expanding president is enough. >> rubio and cruz sell themselves as positive candidates who don't attack their opponents, leaving that job to their million dollar funded super pacs. the super pacs are supposed to operate independently from the campaigns, although rubio today says he does support his group's message. >> these are serious policies. >> super pac ads don't necessarily tip the scale. the group backing jeb bush spent tens of millions, only to see bush's poll numbers tumble, leaving bush to scramble for attention on live tv. today, vowing he's been tougher than anyone on donald trump. >> i think that's my job.

you have to take on the bully head on and that's what i'm doing. >> christie told "the washington post" that rubio can't slime his way to the white house. those attacks came from a super pac and not rubio himself was a distinction lost on christie, as it may very well be for voters. >> major garret on the muddy campaign trail. thanks very much. in new york, in the democratic race, bernie sanders took aim today at front-runner hallry clinton over her ties to wall street. he said wall street's greed is destroying the fabric of the nation. >> and here is a new year's resolution that i will keep if elected president and that is, if wall street does not end its greed, we will end it for them. >> sanders also vowed to break up the country's biggest financial firms. a dom tear leads to a campaign to release a convicted murderer.

and a ceremony at west point marks a milestone for women. we'll be right back. york apartment, but the rent is outrageous. good thing geico offers affordable renters insurance. with great coverage it protects my personal belongings should they get damaged, stolen or destroyed. [doorbell] uh, excuse me. delivery. hey. lo mein, szechwan chicken, chopsticks, soy sauce and you got some fortune cookies. have a good one. ah, these small new york apartments... protect your belongings. let geico help you with renters insurance. dayquil liquid gels and go. hey buddy, let's get these but these liquid gels are new. mucinex fast max. it's the same difference. these are multi-symptom. well so are these. this one is max strength and fights mucus. that one doesn't. uh...think fast! you dropped something. oh...i'll put it back on the shelf... new from mucinex fast max. the only cold and flu liquid gel

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a new documentary has turned viewers into amateur detectives, and many are going to bat for a man serving life for murder. dean reynolds has this. >> reporter: thanks to a show on netflix, the website change.org has a big hit on its hands. >> we have stephen avery in custody. >> reporter: in less than a month, more than 250,000 people around the world have signed a petition on the site, demanding ustice for a man in prison for life and featured in a netflix documentary. mike jones is with change.org. >> for it to go from a few thousand signatures to upwards of 250,000 signers is phenomenal. really shows that this pe decision is tap into a national conversation. >> i didn't know how to handle it. >> reporter: it's all due to this series, "making a murderer" launched last month which tells the story of stephen avery.

he's the wisconsin man who served 18 years in prison before being exonerated, only to find himself in prison again on a murder conviction in 2007. since its debut, millions of viewers have spent hours binge watching it and discussing the case in online chat rooms. many viewers concluded avery was framed by authorities who lied and planted evidence. ken kratz who prosecuted avery and is now receiving death threats says the series is misleading. >> stephen avery is right where he needs to be. that's in prison for the rest of his natural life. >> reporter: avery's lawyer dean strang says the reaction to the series has included useful information fullback the defense. >> we can't afford not to at least sift and consider

something that might be useful to one human being who right now is facing a slow death in prison. >> reporter: here in wisconsin, governor scott walker has the power to pardon someone, but during two terms in office, he has never used it. and scott, his aids say he cannot going to change that strategy now. >> dean reynolds, thank you very much. the justice department takes action after a cbs news investigation. that's next.

we have an update tonight on our investigation of a compounding pharmacy outside dallas which mixes custom drugs.

last year, jim axelrod and producer emily rand discovered downing labs sent people millions of dollars in medications they did not order. the lab was also investigated for unsanitary conditions. well, yesterday the department of justice filed an injunction that forces downing to stop mixing drugs until an outside expert inspects the facility. in a first for the u.s. military academy, today brigadier general diane holland was sworn in as commandant of cadets. she's a 1990 graduate of west point and served in iraq and afghanistan. in a moment, students dancing their way to success. [sound of crickets] brii,brii,brii

[male narrator] we've all heard how military veterans adjusting to the civilian world may have... certain... issues. 2... 30... 70... if only everyone had this issue. no matter what challenge they face, easter seals is here for america's veterans.

tonight, we saved the last dance for mike strassman in atlanta. >> who is that middle age dude who can do it like them? >> once we started, i said i'm so bad, i said let's just film you all. they said no, you've got to be in it. >> ron clark, a former teacher of the year founded the ron clark academy in 200. it's a private nonprofit middle school, part hogwarts, part harvard. learning comes to life at warp

speed here for kids who are academically diverse and often lower income. the viral video stars include seventh grader jaden lindsey. >> the message to get out there was to say that we can do fun things while learning at the same time. >> reporter: every student but one in the school's history has gone on to college. >> it's very indescribable the amount of love that is shown from the teachers towards us, and it really motivates us to push ourselves, be great academically and just be amazing citizens. >> reporter: is there a message in the video? >> i think the message in this video is something about who we are. at the ron clark academy, we're all about relationships with kids, building bonds and showing kids that you care, because when kids know you're willing to meet them where they are, and you're willing to work with them at their culture and interact with them in a positive way, they're going to respect you more and work harder. >> reporter: by breaking the

mold, ron clark and his kids keep busting the right moves. cbs news, atlanta. and that's the overnight news this wednesday. 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. from the broadcast center in new york city, i'm scott pelley.

>> welcome to the overnight news. the latest political battle over gun control have both sides of the issue locked and loaded. an emotional president obama announced his new executive actions in the east room of the white house surrounded by family members of those killed in gun violence. but on capitol hill, republican leaders are promising a court fight and vow to undo the president's actions if and when they retake the white house. jan crawford reports. >> and from every family who never imagined that their loved one would be taken from our lives by a bullet from a gun.

>> reporter: it was an emotional appeal. >> we maybe can't save everybody, but we can save some. >> reporter: and a political call to action. >> so the gun lob may be holding congress hostage right now, but they cannot hold erica hostage. we do not have to accept this is the price of security. >> reporter: the president called the actions common sense steps that respected the second amendment, and he expressed solidarity with the people who surrounded him at the white house -- a father who lost a 7-year-old, the daughters of the pastor at a charleston church, and a congresswoman nearly killed after being shot in the head. a. >> the right to worship freely and safely, that right was denied to christians in charleston, south carolina. and that was denied jews in kansas city. and that was denied muslims in chapel hill and seikhs in oak creek. they had rights, too.

>> the directives focused largely on background checks including, requiring all gun dealer, even those who sell fire armts at gun shows and the internet to be licensed and conduct background checks. improve the current system to hire more to make background checks more efficient and eeffective. although the issue of stricter gun laws remains highly divisive, 92% of americans support background checks. but the president in the wake of the sandy hook shootings failed to get legislation through congress that would have expanded them. today, he says he wants voters to kick ardent gun rights supporters out of office. >> this is not that complicated. the reason congress blocks laws is because they want to win elections. and if you make it hard for them to win an election, if they block those laws, they'll change course, i promise you.

>> now the president could face constitutional challenges that these actions exceed his presidential authority. but the nra in a statement indicated today that it may hold off, saying the actions don't really appear to change anything and are simply political theatre. jan crawford, cbs news, the white house. the president's new gun control initiatives are all the talk on the campaign trail. hillary clinton called the executive actions a crucial step forward on gun violence. but republican ted cruz says they aren't worth the paper they're written on. major garret is in manchester, new hampshire, where five republican candidates spent the day stumping for votes. >> the battle for the republican nomination has reached a crucial and long anticipated turning point. the candidates are now turning on each other in tough tv ads. meanwhile, bill clinton tried to deflect some of donald trump's tougher rhetoric, telling voters here, he's just a happy grandfather who isn't angry at anyone.

>> i do not believe in my lifetime anyone has run for this job at a moment of great importance who was better qualified by knowledge, experience and temperament to do what needs to be done now. >> reporter: in new hampshire, on political ground, tclinton family made his first ssolo trip on his wife's behalf. the former president picked up with voters where he left off from hillary's 2008 primary victory in the granite state. >> meanwhile in iowa, the candidate herself hillary clinton continued her campaign, turning over a new trumpian leaf. >> i'm going to let him live in his alternative reality and i'm

not going to respond. >> donald trump was battling his rivals, needling ted cruz for copying his immigration plans. . >> he says we're going to build a wall. here's a good thing. he's a politician so he wouldn't know where to start. i know how to build a wall. >> don't engage in the mud slinging, don't engage in the games. >> rubio's action took on chris christie, a threat to rubio now in new hampshire. >> one high tax common core liberal energy loving obama care medicaid expanding president is enough. >> reporter: trump took heat for showing border crosses in morocco in his ad discussing illegal immigration in america. >> that was just video footage. it's just a display of what our country is going to look like. we're like a third world country. we're a dumping ground. >> reporter: republicans battling the trump campaign said it was unlikely that moroccan

video gaffe is going to tarnish trump or his tv ad. details for trump supporters they said is much less important than an overall message of strength in the face of perceived danger. one other thing, about the trump ad, it doesn't attack any republicans, only the president and hillary clinton. >> it turns out the militiamen occupying a refugee office in oregon didn't come prepared nor a long siege. it started out as a protest against the arrest of two ranchers for setting fires, and now the occupiers have taken to facebook asking for snacks and even clean socks. don blackstone has the latest. >> reporter: there was not a single law enforcement officer to be seen for miles in the wilderness that surrounds the wildlife refuge headquarters. but the county sheriff david ward had a message for those occupying it. >> you said erp here to help the citizens of the county. that help ended when a peaceful protest became an armed occupation. the hammonds have turned themselves in. it's time for you to leave our

community. >> reporter: the armed group says it has no plans to leave. they even showed us around the compound they took over. how many people are living in here? they refused to say how many have joined the group they called citizens for constitutional freedom. the leader ammon bundy tweeted, we have no intentions of using force upon anyone, but if force is used against us, we will defend ourselves. they're demanding an inquiry into why ranchers dwight and steven hammond were ordered back to prison for setting fires on federal land after they had already served prison time. >> it has been left to us to decide whether we allow these things to go on or whether we make a stand. so they will not happen to other people across this country. >> reporter: but many in the area who support the hammonds oppose the occupation. >> it's so imperative that we find ways to address these issues that are peaceful, that

are legal and that are productive. so that kind of leaves the occupiers out. >> the morning of august 6, i looked over at the big screen tv and i saw breaking news. 30 navy s.e.a.l.s. killed in a helicopter crash. >> i looked over and saw my wife coming through the front door. as soon as i turned and saw that navy chaplain, i knew that he was dead. >> he was the heart and soul of our family. >> my dad, he was always the person to go help other people. he loved being a navy s.e.a.l. i was really proud of him and everything that he did. >> he was good to all of us. he was kind, he was caring. >> chris was very proud to serve our country. >> chris saw becoming a navy s.e.a.l. as a challenge in his

life. he enjoyed helping others.

the british parliament is up in arms that reports that the latest murderous spokesperson for the islamic state was arrested sick times in england on terror-related offenses. he was released each time and by the time the british government sent him a letter ordering him to surrender his passport, he was already on his way to syria. we have more from london. >> reporter: dahra converted to islam as a young man. in 2014, he was arrested with choudary on suspicion of

encouraging terrorism but leased on lack of evidence and immediately made a break for syria and joined isis tweeting, what a shoddy security system britain must have to allow me to breeze through europe to the islamic state. later using his isis name, he posted a photoof him holding a gun and his fifth child. in a recent video that shows the execution of five men, the man thought to be dhar is masked. in it, he taunts the british government. >> how strange it is that a leader of a small island -- >> dhar's sister says she can't be sure the masked man is her brother. >> i think it's a bit hard to say gwynn what i've seen. i'm not entirely convinced that it is. my honest opinion is that it might not be. >> reporter: but many other people who knew dhar think it probably is. one of the huns dredriof btish citizens now in syria, including this little boy, who appears at

the end of the video. he's thought to be about 4 years old. to establish the identity of that masked man conclusively, british intelligence services are going to examine as much as they can of his face behind the mask and also compare his voice with samples that they already have on file. this year's powerful el nino is bringing drenching rain up and down the california coast, but so far it's done little to end the state's four-year-long drought. nearly 90% of california is suffering under severe drought conditions. ben tracy took to the sky to see for himself the effects on the state's forests. >> reporter: we took off from an airfield near sacramento. minutes later, we saw this -- reservoirs at record lows and forests dying after four years of drought. >> there's a lot of red on this screen, which is a sign that we're over an area that's in trouble. >> reporter: gray gazner is

director of the garn ghee air observatory. hez lap lab scans 15 acres of forest every second. it's like having x-ray vision that produces vivid immechanicals of the health of every single tree. >> our systems are seeing beyond the dead trees and seeing the trees that are stressed. >> reporter: the cutting-edge technology, funded in part by "avatar" director james cameron, creates 3d maps of the forest throughout the entire state. the red areas on this map are severely drought stressed. blue areas are healthier. your equipment reads how much moisture is in each individual tree? >> yeah. the measurement is focused on how much water is in the foliage itself. it's like getting a blood test. it's one of the key indicators on the health of the tree. >> reporter: and the dat a released this week shows california's forests are in very bad shape. 58 million trees are severely drought stressed and could die. an astounding 888 million have

seen measurable water loss since the drought began in 2011. jew you're basically saying the drought has impacted nearly 1 billion trees in california? >> that's correct. >> reporter: the u.s. forest service says more than 29 million trees have already died. >> here's the trees that have totally succumbed. >> reporter: these maps will help the forest service know which areas are most vulner able and wildfire fishes to know where the greatest risks are. the severely stressed trees, are they past the point of no return or are they recoverable? >> we don't know if a stressed tree is absolutely going to succumb and be gone or if it's going to bounce back over time. >> reporter: el nino-fuelled storms are expected to bring much-needed rain. experts hope that turns the golden state a bit more green. ben tracy, sacramento. environmental activists are plotting a new law that outlaws microbeads that are in personal

care products. how they are polluting our lakes and rivers. >> reporter: the bill known as the microbead free waters act is designed to eliminate tiny bit of plastic from products many of us use every day. >> microbeads are found in many health and beauty products, incruding soap, body scrub and toothpaste. they are generally used to exfoliate or add polish. no bigger than a grain of salt, these microplastics are a big concern for environmental scientists. they say the tiny particles are a farmful. this scientist and his team study plastic pollution in waters around the world. he's found microbeads in the san francisco bay and in high concentrations in the great lakes. not all water treatment plants are able to filter them out.

>> they're absorbing industrial chemicals, pesticides from farms, even oil drops from cars will stick to these microplastics and microbeads. at that point, they can enter the food chain. >> a single cosmetic product can contain up to 300,000 nonbiodegradable microbeads. in september, california banned sales of product containing microbeads. richard bloom authors the legislation and is thrilled that congress is following california's lead. >> it's very significant. you're going to have 50 states doing the same thing. i have no doubt this is going to spread now to other country. and the longer we have these pollutants in the environment, the harder it is to take action to effectively clean up after them. >> reporter: the law passed surprisingly quickly, but it's not immediate. the law prohibits the manufacture of products containing microbeads as of july 1, 2017. >> we'll be right back.

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tom jones -- make that sir tom jones sold 100 million records over his remarkable six decade career. in his new memoir "over the top and back" jones recounts how he rose from his roots in the coal fields of whals to become an international singing star and an honorary knight of the realm.

th a70-year-old singer sat down wihat with anthony mason. >> you really kieb nd of wanted be a white wilson pickett. >> yeah. i met otis redding and he said man, we all try to do what you do. meaning the soul singers. i said i'm trying to do what you do. >> reporter: tom jones was 24 when he left wales and moved to london to break into music. within a year, he had a number one hit. ♪ it's not unusual to be loved by anyone ♪ >> the first time you heard "it's not unusual," you knew it was something for you? >> yes. i said i have to have this song. i've got to have it. >> reporter: the problem was that jones' manager, gordon mills who co-wrote the song wanted to give it to another singer. but jones was told he could record the demo. >> he said oh, i can write a million of those. he never did. he never wrote another one like that. >> reporter: but when that other

singer, sandy shaw, turned down the tune, jones got his chance. >> peter sullivan, my recording manager said we've got to wrap this up. you've got to rip into it. the demo was like ♪ it's not unusual to be loved by anyone ♪ so we had to have somebody go bad da bam. i said brass. it's the most important record to me because it changed my life. >> reporter: his next hit would be the theme song to a woody allen film, written by burt bacharach. ♪ what's new pussy cat snent. >> the fist time you heard what's new pussy cat, what did you think? >> i thought that burt bacharach

was joking with me. it's a really strange melody. you know what i mean? i was 25 then. and i thought, what is this? he said this is not a rhythm and blues song. i said i know that. >> reporter: a string of hits through the '60s made him a star. >> this is tom jones. >> reporter: but it was the abc tv series "this is tom jones" that made him a household name. is "this is tom jones" really what turned you into a sex symbol. >> i think i was a sex symbol as soon as i started singing. ♪ let's really start to leave >> do women still throw understood wear at you? >> no. it started in new york. >> reporter: that's where it started? >> in '68.

this woman stood up and, you know. just handed them to me like this. so i didn't miss a beat. i said hope you don't catch cold like that. you' got to sort of roll with it. but it was written up in the newspaper, you see. it backfired. i wasn't being taken seriously as a singer. they showed that more than what they heard i was singing. >> reporter: at one point you got opposite advice from frank sinatra and elvis presley. >> elvis didn't like an album of standards he released. >> he said tom, we don't go there. he said we leave that to frank. we. but he said we. i thought wow. >> putting me in the same -- >> yeah, exactly. that was a big compliment to me. then i would be talking to frank sinatra. at the galleria bar in caesar's

palace. and he said you've got a great jazz voice, tom. leave that pop stuff. you' got to come with me. i said frank, i love it all. i do. >> that obviously worked for you, but sometimes it's probably worked against you, too. because people don't know where to put you. >> exactly. that's the problem. i always used to think my versatility would be an asset. but sometimes, people say well, what is tom jones. i'm not in the rock 'n roll hall of fame. >> do you want to be? >> i would like to be, yeah. because i'm basically a '50s rock 'n roll singer. >> reporter: he may not be in the hall yet, but since 2006, sir tom jones has been a member of an even more exclusive club. >> uh yo eve had a knight hood, which i know means a lot to you. >> oh, yeah. when you neil -- kneel there and the queen puts the sword on your shoulder e, that's something i

never dreamed of in my wildest

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visit your weight matters dot org. captioning funded by cbs it's wednesday, january 6th, 2016. this is the "cbs morning news." new nuclear threat from north korea. the reclusive nation announce overnight it's conducted a test of a powerful hydrogen bomb. >> president obama does little to sway the republicans running to replace him in the white house. and powering up. nearly