tobacco caused the oral cancer that killed him. >> reporter: tony gwynn was one of baseball's iconspiring fans around the world until his death at age 54. now his family say big tobacco rode his coattails following him since his college days. >> there it is, number 3,000 for tony gwynn. >> reporter: he was one of baseball's most popular hall-of-famers. >> tony gwynn has done it. >> reporter: donetsk gwynn, the 15-time san diego padres all of star known for his sweet swing and smokeless tobacco in his cheek before his 2014 death from salivary gland cancer at age 54. >> i hate to say it but i'm a tobacco junkie. >> reporter: this morning's gwynn's family going to bat for him suing big tobacco. he spoke about his addiction several times during his career. >> if he had known how addictive and harmful to his health dip was he wouldn't have started using it. >> reporter: the lawsuit filed against several tobacco companies and individuals including philip morris' parent company altria group saying they conducted a marketing campaign specifically targeting african-american men. to sell smok

according to the lawsuit gwynn chewing the equivalent of smoking four to five packs of cigarettes per. >> i've had nights where i drive down to the local circle k to get a can and the lady behind the counter doesn't want to sell me a can because she knows, you know, what i'm doing to myself. >> reporter: ballparks in five cities banning smokeless tobacco. now gwynn's family hoping his death won't be in vain. >> he would be relieved to know his death was a catalyst to get tobacco out of baseball. >> reporter: a spokesperson for altria declined to comment, george. >> ryan, thanks very much. >>> let's turn to amy with today's other top stories. urgent search in houston. >> houston police are asking for the public's help as they search for the man who murdered a young boy walking home from school. they've released this video of 11-year-old josue flores two blocks from where he was repeatedly stabbed. police have a vague description of the suspect. >>> and there are new details in the crash of egyptair flight 804. officials now say there were no technical issues with the plane before it to

gwynn 54 died two years ago from cancer related to chewing tobacco.washington, joel waldman, fox news. >>> spokesman for aultry ya the parent company of us smoke less tobacco company and spoke to fox news saying children should never used tobacco. they support the number of efforts to keep young people from picking up the habit. >>> a woman wades in the water suddenly screams then is pulled under. where authorities are now looking for her want they think got her. >>> a man is recovering after being trapped in his car in the hot czar arizona sun for three days. he has a family to thank for saving his life. why this might not have happened if not for the sharp eye of one little girl. >>> plus, thinking and how the color of something could affect how much money you pay for it. somber vigil outside the cincinnati zoo honoring the gorilla shot and killed this weekend. 17-year-old gorilla was a rare western low land gorilla. zoo staffers killed him after a four-year-old boy fell within this enclosure. witnesses say the gorilla look like he was trying to pro

. >>> the family of baseball hall of famer tony gwynn is suing is the tobacco industry over his death. their suit indicates he started using smokeless tobacco at age 17 and dipped more than 30 years. he dies of cancer in in one of his mouth glands nearly two years ago. suit blames the 15-time all-star's death on nicotine and seeks unspecified damages. >>> if you're driving the roads of southeast ohio today, you might catch a glimpse of a guy and his companion on a really long walk. >> we mean really walk. steve west cost, his companion is miles the goat. that walk will take them all the way from seattle to new york city. >> so west cost says miles is the reason that he's getting some publicity. >> when you walk with a goat, all plans go out the no one would know who i was unless i had this goat. his name is miles. yeah, and he's just -- he's just a showstopper. >> ladies love the goat. so why are they walking across the country? apparently it's all to raise money for an orphanage kenya. >> they've raised a couple thousand dollars already. you can check out west cost's instagram needle

. >>> the family of baseball legend tony gwynn is suing the tobacco industry to take responsibility for his death. he was 54 when he died of cancer of the salivary gland. his widow and two children filed suit seeking to hold tobacco companies liable. he said the industry knew the risks but had no warning labels on its products. >>> 4:4. a new study claims those popular fitbit trackers are highly inaccuratement and it's breeding new life no a class action lawsuit against the fitness technology company. california researchers compared results from fitbit devices and data from an ekg machine. their study found fitbit miscalculated heart rates by up to 20 beats per minute on average. the report was commissioned by the law firm behind the class action lawsuit that claims fitbit devices are inaccurate. let's get you to work this tuesday morning. first jessica boyington has that. >> the boulevard looks great right now. around 9th street, lights are on flash. this is 17th street, no problems or delays. you can see no problems headed southbound towards the schuylkill expressway if that's how you

then things gain gwynn to change come friday. ridge will start to weaken just enough but hold its ground to take the next storm system and direct the energy to the north. it should crank a stronger sea breeze throw clouds our way and for areas north of sonoma county, could be showers toward the end the week. a nice midweek warm-up in testimonies. next weekend, partly cloudy skies, very similar to what we see right now. if you le today's weather, next weekend looks like a repeat performance with more 60s to mid-70s. >> it thanks very much. >>> up next, controversy at a southern california high school. why a name in a yearbook has some people outraged. >>> also, a multimillion-dollar powerball ticket sold in new jersey. but one worth a million bucks sold here in the south bay, we'll reveal that lucky location. one person is in the hospital because of this -- a small plane that landed on the roof a >>> one person is in the hospital because of this situation. this small plane here landing on the roof of a building in the city of pa k

students then had a chance to go inside for a discussion on gun laws with city council members helen gwynn and kenyatta johnson. >>> preliminary hearing in the sexual assault case against bill cosby will go on tomorrow. the pennsylvania supreme court denied a stay in this case this afternoon. cosby faces a hearing in montgomery county in norristown to determine if the case goes to trial. former temple university employee andrea constand claims there she was drugged and molested by cosby at his nome 2004. and there is a chance that constand will take the stand come tomorrow. >>> new jersey lawmakers have agreed on a rescue package that would keep atlantic city from running out of money. state assembly and senate leaders reached the agreement this afternoon. it would give the city 150 days to come up with a five-year budget plan. in the meantime, the city would get a temporary loan of $60 million and would retain its collective bargaining rights. the whole assembly will vote on thursday. >>> delaware lawmakers hosted a job fair this afternoon in wilmington. it took place at delaware technica

and i think that gwynn the fact that he's been so strong on veteran issues, he's talking about all the veteran spouses and we all know that there's many, many veterans in california and their children. and i think if we get that message out, people will rally around him. donald loves this country. i had a great story to tell. and given the fact that the concerns are the same across the country, the crowds have been huge. kimber kimberly, i think you'll agree with me as a woman. she thinks the women vote belongs to her because she's a woman. women have more issues than just because you're a woman you're going to vote for me. because i'm a woman? no. you vote for me because i'm the best candidate. they're smat, they're going to listen and they're make their ca camp. >> that's a good point people vote not on the basis of their gender, but their ethics and being able to hold a position. i'm quite sure you didn't want anyone to vote for you because you were a woman but because of your skill set and because you were the best choice of the job. >> absolutely. i did not. i would say some peopl

martinez was an assistant under gwynn, who watched the special relationship he had with the former proony, you know, mentored him through a lot of, you know, interesting, you know, growing through the college baseball program and being the marquee. he protected stephen and guided him whether it's tuesday agent or dealing with scouts or dealing with whatever might be on a day-to-day basis, and it really kind of grew into is almost a relationship. it was really cool to watch. >>reporter: strasburg will be a free agent at the end of the svenlt he hopes the native son returns to play for the san diego padres, but he says he'll be happy for and proud of the pitcher no matter what wr he ends up. -- where he ands up. nats fans hope stephen strasburg remains here at nats park, that's as lang r long as he stays healthy. as for injury, coach martinez says he has never talked to strasburg about that for superstitious reasons. wusa 9 sports. >>> of course, this being a contract year, he's having an incredible start. if he gets the win tonight against detroit, he will have gone 6-0 for the first ti

gwynn the choice of two evils, choose neither. >> so, where does this go from here? obviously, we have the presidential race. you say you'd rather have the bullet when it comes to that. looking down the ticket, though, how does this affect -- especially in places like georgia, that some polls say possibly could now be up for play? >> well, that's why the third party idea is taking so much merit from conservatives, is to give people a reason to show up in november. so republicans don't get crushed down ballot. right now there's no poll showing donald trump makes a blue state red, but you've now got mississippi, utah, arizona and georgia all republican states, solidly republican, that are now moving blue because of the trump/clinton situation. you have to get republicans out in november. if they're not going to show up for trump, they need someone at the top of the ticket to get them out to vote to save down ballot races. >> is that the issue, though, do you need someone at the top of the ticket to get republicans out, true conservatives, as you would call them, or wil

vicky gwynn has the very latest on the feathery terror. >> reporter: don't ever come between a motherr baby. >> it was right here. it went right through my hat. >> reporter: last week, catherine black came home and found a baby crow next to her garage. >> neighbor was trying to pick it up. but the adult bird that was there decided i was the problem and proceeded to attack me. >> reporter: that baby crow ended up getting killed overnight. since then the crows having left the neighborhood alone. >> i called animal control and animal control said it's not our job. we don't do anything with wildlife. we'll give you some, um, tips on how to handle it. i told them i wasn't interested in handling it. people were going get hurt. >> reporter: black found another crow. this time alone on the ground unable to move. we witness add crow peck tag palm tree loudly as it saw black come out of the her home. it was a call for crows nearby to assemble. it turns out the crows were trying to protect one of it's own. which neighbors believed it had an injured wing film crows have a really large extended fa

tony gwynn's widow says he got hooked on smokeless tobacco.n 2014 of oral and then-temple university employee was criminal sexual assault. cbs news legal expert rikki klieman is here. so what are we going to see in court today? >> well, the choice is really up to the prosecution. they can put andrea on the witness stand in order to accomplish probable cause that she was actually assaulted by mr. cosby. or because of a case in pennsylvania, they could use what we call hearsay, meaning they could call a police officer or a detective to read into evidence her report. when i thought about this yesterday, i said, well, of course they're going to call her because we want to see her and we want to the see how strong she is, and they want to put on a show. i don't mean that inappropriately. they want the world to see. as i thought about it overnight, if i were the prosecutor, i would not call her. >> why? >> because of the risks involved. the risks involved are exactly that you play into the defense attorney's hands. what does a defense lawyer want ou

tony gwynn's widow says he got hooked on smokeless tobacco. he died in 2014 of oral cancer.just 54 years old. >> and a great player. >>> the acquittal of baltimore police officer edward nero in the freddie gray case shows again how hard it is to convict officers accused of serious crimes. gray died after breaking his neck in police custody. since 2005, 70 officers in this country have faced charges related to an on-duty shooting. only 23 were found guilty. that is a conviction rate of less than 33%. jeff pegues is at the justice department and looks at a new push to hold police more accountable. jeff, good morning. police are under more scrutiny than ever before. the department of justice has launched investigations into police tactics in select cities across the country and local prosecutors are taking cases that historically have been tough to win. >> he should have gotten something! somebody got to be responsible for that murder. >> reporter: the outrage in baltimore monday is something we've seen before. in cleveland after a grand jury didn't indict the officer who shot