. >> las autoridades que investigan la muerte del agente nicholas ivy, no descartan que pudo haber muertoaradas accidentalmente por otros agentes. >> dijo al periódico, especificamente que "en un tiroteo todo es dramático y sucede muy rápido, la gente corre rápido y no puedo descartar esto". >> 3 cadenas dieron la misma información basada en fuentes federales, también se dieron la fotografia de los 2 hombre enconexion con la muerte del agente, víctor manuel durazo, y martin durazo, ambos que fueron detenidos por el ejercito mexicano, cerca donde el agente murió los encontraron escondidos y a uno le decomisaron arma y drogas, se investiga si están relacionados con la muerte del agente nicholas ivy, la familia habló al hombre que inspiró a nicholas a unirse a la institución. >> ustedes pueden ver a sus tíos, primos, porque así era él. >> los hechos continúan bajo investigación, y no se puede hablar de una conclusión absoluta, janet napolitano viajará para saludar a la familia del agente y demostrar la solidaridad, ahora se realiza una vigilia con velas encendidas. >> más preguntas que respu

nbc's mark potter is in sierra vista, arizona tonight where agent nicholas ivy lived with his family. good evening. >> reporter: good evening to you, brian. federal investigators tell nbc news that based on evidence they've found so far, they are looking into whether this shooting may have been a friendly fire incident. agents shooting at each other. agent nicholas ivy of the border control was shot and killed early tuesday morning while responding to desert sensors that track illegal movement across the border. two other agents were with him. one was wounded. they had reported being fired upon earlier. about five miles north of the border near naco, arizona. officials blamed the shootings on armed criminals and mexican authorities say they have made two arrests related to the case. while u.s. investigators say they have reached no conclusions and still have a lot of work to do, they cannot rule out the possibility this was a friendly fire. brian? >> mark potter with this late development out of arizona tonight, thanks. >>> overseas this evening, we've learned that after weeks of wait

the asquloent died, 30-year-old nicholas ivy. was this a mexican drug cartel in action? cecilia vega joins us from the border. >> reporter: let me show you how close we're talking. that mountain right over my shoulder, that is the other side of the border. that is mexico. this area has earned the nickname cocaine alley. today for the agents at this station, this is a place of mourning. it is remote, dangerous, and deadly. here, early this morning on this dusty stretch of land where arizona meets mexico that three border patrol agents were fired on. one made it out safely. another was shot twice and expected to recover. the third agent, 30-year-old nicholas ivy, was shot dead. >> we suspect this is probably some type of narcotics trafficking event that these agents encountered but at this time, that would be speculative. >> reporter: it was just before 2:00 in the morning when something triggered one of the many motion sensors on the border. essential source automatically alert the nearest border patrol office. when they desect a certain weight, whether it's a smuggler, a

he's 30-year-old nicholas ivie. n southern arizona near the mexico border. president obama called ivie's family and offered his condolences. a secretaond agent was wounded is expected to survive. >>> reports that seats came loose on three flights in two planes. at least 36 planes have been inspected. six planes had improperly installed seats. >>> and retail experts predict americans will shell out a little more cash this holiday shopping season. with sales expected to increase more than 4% from a year ago. that's according to the national retail federation which says this is the most upbeat forecast it has made since the recession. >>> first presidential debate of the election is tonight. you know that by now. the obama campaign, the romney campaign and the media getting ready. the debate will take place here at the university of denver. it is the first time we'll see the two men face to face unscripted. in fact, an aside for you, these men have seen each other in person four times. the debate isn't just stressful fo

---ayer el agente " nicholas ivie" murio mientras que junto a otros agentes investigaba una zona dondeimiento se habia activado, otro agente resulto herido. stop for open cesar ---la universidad de denver en colorado es el lugar en donde este momento el presidente barack obama esta debatiendo con el gobernador mitt romney... con miras a convencer a los electores del pais para que reelijan al primero o escojan a romney para la presidencia. blanca --vamos a enlazarnos en vivo hasta este recinto donde se lleva a cabo el primer debate presidencial para escuchar un poco de lo que hablan en este momento. blanca ---tiempo de la primera pausa en noticiero telemundo 48, pero al volver seguimos con cobertura del debate.. take vo ---y se acaba el tiempo para registrarse para votar y una organizacion hace un llamado a los latinos segment ends cesar --volvemos a la cobertura del debate presidencial entre barack obama y mitt romney, que se lleva a cabo en estos momentos en la universidad de denver. blanca --escuchemos nuestro enlace en vivo. take pkg cesar ---vamos a anuncios publicitarios en notici

a new concern for investigators seeking justice for nicholas ivy.he changes that could come for anyone who uses a cell phone. a closer look at one lawmaker's proposal on wireless surveillance. plus, big bird fighting back after governor romney mentions him in the debate. jenna: some new information on a story we're following this week on "happening now" about this man, omar khadr. he is an al qaeda terrorist originally from canada. his father provided money to the tear record network, al qaeda, his family is considered more or less the bin ladens of canada. khadr spent a decade at gitmo. he is back in canada in civilian prison there after u.s. prosecutors negotiated a deal to00 him to his country. we yesterday spoke to sergeant layen morris who was blinded during the firefight with khadr and that killed one of his fellow solders. >> omar khadr is not done. he never expressed any regret and acknowledged leader, worst of the worst, 160 worst guys we've got in guantanamo they think omar khadr is a rock star, the acknowledged leader. this is not somebod

president obama has called the family of 30-year-old border patrol agent nicholas ivy who was killed t ivy's family that those responsible will be found. abc's cecilia vega reports from southern, arizona. >> reporter: it is remote, dangerous, and deadly, and it was here on this dusty stretch of land where arizona meets mexico that three border patrol agents were fired on. one made it out safely. another was shot twice and expected to recover. but the third agent, 30-year-old nicholas ivy, was shot dead. >> we suspect that this is probably some type of narcotics trafficking event. that these agents encountered. but at this time, that would be speculative. >> reporter: the three agents headed to a spot just three miles north of the border. as they headed up a desert hill, someone fired right at them in what is being described as an ambush. the agents work in the naco, arizona, station, named two weeks ago for brian terry, the last border patrol agent fatly shot on duty. his 2010 death from a firearm sold through the notorious fast and furious operation, ignited a firestorm. it is unknow

border patrol agent nicholas ivie, fbi officials now saying friendly fire was likely to blame near the arizona-mexico border. investigators say they're still looking into the case for definitive answers, meanwhile, homeland security secretary janet napolitano making a trip to nicholas' homes and expressing condolences and joining her on the trip. the border patrol commander says that nicholas ivie died a true hero. >> investigators have made progress into the investigation, into agent ivy's death and are looking into the possibility that it was a tragic accident. the result of friendly fire. i explained to agent ivie's family that if the investigation ultimately reaches that conclusion, it changes none of the facts, that agent ivie gave the ultimate sacrifice and died serving his country. that he died in the line of duty, and will be honored as such for his final act of service. >> certainly, he will be missed. ivie died after he and two other agents responded to an alarm triggered by a sensor aimed at detecting smugglers, another agent was wounded and the third was uninjured. a fox ne

nicholas ivy was killed in tuesday's shooting. a second border patrol agent was shot. the shooting has reignited a national, political debate over border security. the pain at the gas pump is getting worse by the hour on the west coast. prices jumped 20 cents over night there. regular gas costs more than $5 per gallon. the average price is up 36 cents in a week to $4.49 a gallon. that's 67 cents more than drivers in california were paying this time last year. there's also a gas shortage at some stations. a fire and a power outage being blamed for the high prices. >> a dog walker attacked in the disz trikt. the one thing she's desperate to get back. >> starbucks said to be running low on a key ingredient for one of their seasonal faif rilts. >> how about our seasonal weather? >> well, today's weather got >> well[ male announcer ]got for the dreamers... and those well grounded. for what's around this corner... and the next. there's cash flow options from pnc. solutions to help businesses like yours accelerate receivables, manage payments, and help ensure access to credit

. >>> a funeral will be held for 30-year-old nicholas ivie in what the border patrol agency says was friendly fired. he opened fire on what he thought was armed smugglers and was fatally shot in the process. >>> u.s. post offices will be closed today along with many banks and most schools in observance of columbus day. >>> all day long you can stay on top of the latest developments in those stories and others as they break on msnbc. tonight, be sure to watch brian williams with "nbc nightly news" and, finally, here is a look at what's coming up this morning on the "today" show. the man behind the kony 2012 video opens up about the movement he started and his very public breakdown. >>> and legendary who guitar rift, pete townsend has a new memoir called "who i am." keep it on this channel for continuing news, sports and more. thanks for watching "early today," just your first start of the day today on your nbc station. have a terrific monday.

border patrol agents came under fire early this morning along the mexican border and agent nicholas ivyas killed. his partner was wounded. they were on patrol in arizona, the shooter or shooters got away. the agents were assigned to a border patrol station recently named after agent brian terry who was killed in a shoot-out with drug dealers two years ago. next sunday will mark 11 years since the u.s. went to war in afghanistan. the second-longest war in u.s. history behind vietnam. the plan for getting american troops out depends on training afghan soldiers to do the fighting against taliban themselves but there have been setbacks lately as some of the trainees have turned their guns on their u.s. allies. 33 americans have been killed that way this year. what the does that do to america's road out of afghanistan? we asked charlie d'agata to hook up with a joint patrol in kandahar province. >> what you see here is the cement blocks, obstacles we put in place. >> reporter: this is the stark new reality for u.s. combat troops working alongside their afghan partners. >> it's restricted the

arizona to express her condolences to the family of a border agent killed this week. 30-year-old nicholas ivy was shot to death tuesday near the mexican border. federal investigators are investigating the possibility of friendly fire. >>> in cupertino, california, many residents will be remembering steve jobs. the iconic apple co-founder died on this date last year of pancreatic cancer. he was 56 years old. >>> 50 years ago today the beetles released their very first hit single, "love me do." >>> all day long you can stay on top of the very latest developments in those stories and others as they break on msnbc. and tonight be sure to watch brian williams with "nbc nightly news." >>> and, finally, here's a look at what's coming up later this morning on the "today" show. the latest buzz surrounding that reported feud between "idol" judges nicki minaj and mariah carey. >>> and british pop star cher lloyd performs a new hot single from her u.s. debut album. >>> and now keep it on this channel for continuing local news, weather, sports, and more. i'm lynn berry. thanks for watching "early today,"

the agent who died is nicholas ivy, 30 years old. another of the agents wounded, but expected to survive, and a third was unhurt. >> the f.b.i. is at the scene is investigating and is going to get to the bottom of this. >> all of this now not far from the border patrol station named for brian terry, the last agent fatally shot in the line of duty. investigators found guns linked to the failed weapons sting operation fast and furious at the scene where he died in 2010. william lajeunesse with the news live tonight in los angeles. william? >> bill, naco is a small, quiet border town until the sun goes down. for years it was the single busiest spot on the border and today it remain has major drug highway. early this morning, around 2:00 o'clock in the morning, three agents responded when a sensor or typically go off in a given area suggesting a line of illegals or smugglers were coming up a canyon. when agents arrived, gunmen opened fire, an apparent ambush. was was air lifted to tucson medical center in stable condition. another was pa

nicholas ivy was but 30 years old, father of two young daughters.fficers and the u.s. border patrol lined the route of his funeral procession in arizona. inside that church, mourners remembered him as a family man who loved his job and lived to help people. >>> the u.s. state department removed dozens of security personnel from libya in the months before the attack on the u.s. consulate there despite repeated requests for more protection, not less. that's what security team commander is telling cbs news. he says u.s. officials pulled his 16-member team from tripoli a few weeks before that assault as other staffers voiced concerns about potential gaps in security. here is how the commander summed it up. quote, i felt like we were being asked to play the piano with two fingers. that attack last month in benghazi killed four americans, including our ambassador, chris stevens. james rosen is live in d.c i'm curious, has anybody else said yeah, we were looking for more security. instead, they pulled security out? >> the chairman of the house intelligence

the head of the border patrol says nicholas ivy opened fire on two agents believing they were armed smugglers. ivy was shot and killed when those agents returned fire. >>> acting co-cheese -- co-cheese -- the sheriff wouldn't say if ivy was the first to shoot or not. >>> a california company space x launched a falcon rocket with 1000 pounds of cargo, including ice cream. the ship is expected to reach the space station on wednesday. >>> if you step outside, you are going to feel the cold of fall. it is here. howard is back in two minutes with what you can expect for the rest of the forecast. >>> the rising price of gasoline, extremely high costs in california have some wondering about prices around the rest of the community. >>> the cost of higher education is going up as well. >> back in two minutes with a look at your weather first. keep it here, you are watching 9news now. i don't spend money on gasoline. i am probably going to the gas station about once a month. last time i was at a gas station was about...i would say... two months ago. i very rarely put gas in my chevy volt. i go to the g

agent nicholas ivie opened fire on fellow agents thinking they were armed smugglers. they returned fire killing ivie. the two set of agents were investigating a border sensor. they knew other agents were heading to the area but didn't know where they were. >>> the pharmacy linked to the meningitis outbreak has recalled all it's medicines. there are 91 confirmed cases and seven patients have died. the steroid is used to treat back inflammation and pain. cbs money watch time. california drivers get a break from high gas prices and a warning from lawmakers about two chinese tech firms. >> reporter: relief may be days away for cal drivers suffering through the highest gasoline prices in the nation. the average price of a gallon of regular is $4.66. the surge is blamed on refinery and pipeline price. prices are expected to come down soon since governor jerry brown ordered less expensive winter gasoline to be sold three weeks earlier than usual. overseas markets of lower after the world bank cut its growth forecast for asia. hang seng lost 1%. the nikkei is closed for a hol

agent nicholas ivie was shot tuesday, while investigating a possible illegal crossing near arizona. two other agents were on scene, and one of them was wounded when shooting broke out. today, homeland security secretary janet napolitano was there to meet agent ivy's family and to be briefed on the investigation. sources say they couldn't find evidence of any other people involved at the shooting scene, and that the ballistics are consistent with friendly fire. >> mark potter in bisbee, arizona, thank you. >>> and again, we told you last night we have an out of control situation. in california, gasoline prices have been rocketing higher in the last 24 hours it has gotten even worse getting close to $6 a gallon in some places. others have no gas to sell at all. nbc's kristen dahlgren from los angeles with us. good evening >> reporter: good evening, since we talked yesterday, things have gone up, take a look. 5.89 as prices in california close in on all-time record highs. just when people in california thought things couldn't get worse. >> five bucks? oh, my god. >> reporter: even bigg

says border agent nicholas ivie, killed in remote k,uthern arizona last week, was likely the victim of an accidental friendly fire shooting. a second agent was wounded in the incident five miles north of the mexican border. a third agent escaped injury. ivie was the 27th border patrol borderto die in the line of duty since 2002. the driver of a rally car in day.ce took a wild ride today. it happened outside of haasbourg. the norwegian driver lost control of the ford, plowed into a vineyard, across the road... and into a second vineyard, before crashing into a utility wnle. the impact knocked down the sent, which sent sparking crowric lines into the crowd of spectators. unbelievably, no one was injured in the crash. boming up on the cbs evening ths, scriptures on the sidelines. controversy in texas. >> axelrod: we end tonight in texas, where a high school football is often compared to a religion. rsme cheerleaders at a public high school are now fighting for the right to display a banner with a distinctly christian message. manuel bojorquez reports. >> reporter: friday night under >> in

agent who died was 30 years old nicholas ivy from utah leaving behind a wife and 2 children. >> parents demand answer after youngirl assaued aschool. hat ty want om the distct we arn akey ece of evidencehaled to his capte. >> also. the angel fly into town in. how soon you hear the ear splitting roar. >> in southern california. meet some real life crime fighters. they are dressed for the job. more and later on "nightline". >> big fat experiment. we'll follow one human guinea pig and three-month fast-food bender. >> team explore america >> team explore america uncharted canyonc >> tonight we have learned new information about a man accused of kidnapping a 9-year-old girl from her school in san mateo. what they have found out is the key piece of evidence that he left for police at another school that led them right to his door. 7 news reporter john olson is onhe story. >>reporter: patientleft meeting at pa side ementary scho, some wh linging concns w t dirict handled la month dnapping of 9-year-old girl here. >> we wanted to hear what the school was doing. to improve the situation. what t

the union says nicholas ivie began shooting after mistaking two fellow agents for armed snugglers. they returned fire killing him. coming up on tonight's "cbs evening news", a california hospital that is saving money by making house calls. >> jeff: the massachusetts pharmacy that distributed a steroid linked to a growing meningitis outbreak issued a voluntary recall of all of its products. federal health officials is have confirmed a total of 91 victims in nine states so far. that's an additional 27 cases in just the past day. 7 people have died. hospitals across the country are look for ways to close revolving doors so fewer medicare patients are readmitted within a month after being released. under the affordable care act there are now penalties when that happens. ben tracy shows us what one los angeles hospital is doing to save money for itself and for taxpayers. >> reporter: freda robbins is what the health-care industry calls a frequent flyer. >> seems to me i was in the hospital all the time. >> at 92 and with a history of heart failure this year she's been admitted and readm

nicholas ivie was responding to an alarm in a heavily trafficked drug corridor. he was shot to death and another agent was wounded. it's the first fatal shooting of a border agent since 2010. authorities believe more than one person fired on the agents. >>> american airlines says improperly installed seat clamps is the reason why seats came loose. american is inspecting their seats. the clamps that have been incorrectly installed. four other planes have had the same problem. in past week rows of seats have come loose during three american flights. federal aviation officials are investigating. cbs money watch time on a wednesday. car sales shift into high gear and an iphone case that can take a licking. ashley morrison has more. good morning. >> good morning. investors overseas were cautious ahead of key meetings by the central bank and bank of japan. tokyo anybody okay fell half a percent while the hang seng gained a quarter percent. the u.s. economy got a boost from car sales. they keep just rolling along, automakers sold 1.2 million vehicles in september a 13%

agent nicholas ivie and two other patrol officers were fired upon after responding to a tripped fence. one officer was treated and released, the other not hurt. >>> stock prices are rising and retailers are reporting mixed results on september sales. overall, sales were up 3.9%. let's take a look right now at the dow. it's up about 85 points. >>> well, the operator of a troubled nuclear plant wants to restart one of its reactors. southern california edison has conducted months of inspections at the san onofre plant between los angeles and san diego. the utility says unit 2 can run at 70% power without causing dangerous vibrations in tubes that carry radioactive water. the nuclear regulatory commission will review the proposal. >>> the government now warning doctors and hospitals not to use any product from the pharmacy that made the steroid suspected in a meningitis outbreak. five people have died, 30 people in six states are ill. we explain all received steroid shots for back pain. >> reporter: sue manor is waiting to see if she gets sick after receiving a steroid injection that may

border patrol agent in an attack that left another agent wounded. 30-year-old nicholas ivie lost his life not far from where agent brian terry was murdered back in december of 2010. that killing set off the fast and furious investigation. the feds say this was an ambush, plain and simple. and they've been searching on foot and vehicles, horseback and from the air, looking, they say, for as many as four suspects. >>> there's a large and growing health scare in the news tonight involving a common procedure for people with severe back pain. the injection of steroids. dozens of patients are now finding out their shots may have been contaminated. a report from our chief science correspondent robert bazell. >> reporter: about a million people receive steroid shots in the spine for back pain every year. several hundred patients are now receiving phone calls like this one -- >> this is cindy checking on our patients that had epidural steroid injections. need to know if everything's okay. >> reporter: health officials are now investigating 26 cases of severe meningitis in five states includin

nicholas ivie is being laid to rest. >>> the nation's first commercial space cargo launched overnight in florida. the falcon 9 rocket took off from cape canaveral station to the international sfags. the rocket is carrying ice cream. not bad. a freezer full of experiments and hundreds of pounds of spare parts and supplies. >> freeze-dried ice cream or the real deal ice cream. >> like the ben and jerry's, you know. >>> it's the coldest air of the season for the eastern half of the country with freeze warnings and advisories from nearly two dozen states from texas all the way to new york. showers and thunderstorms from washington, d.c. showers around northern wisconsin and michigan. >> 50s from chicago and detroit and new york, 60s from texas to minnesota. 95 in phoenix, and 75 in sacramento. >>> and coming up this columbus day, really going to extremes. how about a skydive from 23 miles up? it's like a marathon for a sky drive. >> good luck for that one. >>> and those sky-high gas prices now at an emergency measure could mean help is on the way for folks in california. >>> and later, 25

of course, agent nicholas ivy lost his life.d and, fortunately, the third agent escaped unharmed. >> the second agent who was wounded and the third agent who escaped unharmed, have they been able to give you good details and context about exactly what happened? >> yes. they've been interviewed. i don't have the details of those interviews. this is an ongoing investigation. we're conduct iing a cooperativ investigation, a joint investigation with the federal bureau of investigation. and as time goes by, more details will emerge. a lot of it is still pretty fuzzy. >> their response was to a trigger triggered sensor that went off near naco. are there cameras there? do you think there will be an opportunity down the road to really be able to fully flesh out what exactly happened? >> the border patrol does have cameras down close to the border, but this was approximately five miles north of the border. in very rugged terrain and there won't be any camera footage of any of this event, i'm afraid. >> senator chuck grassley said this. t

nicholas ivie died tuesday in arizona. the head of the union says it was a case of friendly fire.e shot at two fellow agents he thought were armed smug leisurlers. ivie was killed when those agents returned fire. >>> the names of 80 firefighters who died last year and 5 who died in years past were added to the memorial on the grounds of the national fire academy in emitsburg, maryland. families of the fallen firefighters came together to honor their loved ones. >>> this morning police are trying to determine who killed a man and left his body on the doorstep of a home in northern virginia. police were called to the 5400 block of broadmoor street early sunday morning. they found the body of 34-year-old mark earl ifs outside the home. they say he had trauma to his body. police tell news 4 the man appeared to have a wound to his head. >> our earlier investigation, we believe the suspect in this case is actually an acquaintance of our victim. >> police do not believe there is any threat to the community. >>> the coast guard is searching for two maryland men who vanished while boating.

agent nicholas ivy was killed and another agent was injured earlier this week along the mexico-u.s. border. officials still aren't sure what sparked the dent. the agents were responding to an alarm going off near the border when he was attacked. >>> and a member of the manson family could soon go free after 40 years in jail. a corrections board recommends parole for bruce davis. the 70-year-old was sentenced to life in prison for murdering two people in 1969. the board now has four months to review the recommendation. davis originally was granted parole in 2010, but then governor arnold schwarzenegger revoked the ruling. >>> a truck driver is fighting allegations against him related to a crash that killed a gaithersburg family. joseph sleezak is charged with vehicular homicide after last month's crash. his tractor-trailer crashed into the schmidt family. they were in two separate cars. the mother, joanne schmidt, was pregnant. police say sleezak drove for 14 hours without sleeping. >>> inspectors are trying to figure out what caused the scaffolding to collapse leaving the constructi

nicholas ivie and two other agents came under attack just north of the border near birkz sbee, arizona. this word comes from mexican police as they've arrested two people. >>> d.c. police confirm they're investigating allegations that a guard sexually assaulted an inmate. sources tell wtop radio the allegations are that a guard removed an inmate from his cell, took him to an area where there are no security cameras and assaulted him. those sources also say a second guard witnessed the assault but did not report it. >>> tonight we've got a sketch of the man wanted for fondling at least five women in springfield. take a good look. the most recent attack was tuesday night. a woman was groped right in front of her daughter. another woman was assaulted on the same street two weeks earlier. detectives believe there could be additional victims, and they are asking, if you are one of them, please contact the police. >>> well, memories from 10 years ago came rushing back tonight at a vigil honoring the victims of the sniper shootings. the gathering at the church in gaithersburg, families who lo

nicholas ivie and two other agents came under attack in arizona on tuesday morning. at this point there's no word yet on why friendly fire is being considered a pocket but the news -- possibility but the news comes with word from mexican police they have arrested two people in connection with the shooting. >>> one of charles manson's followers has been recommended for parole. on the eve of his 70th birthday. bruce davis was convicted with manson for the murders of two musicians and he's been in prison since 1972. a parole board determined in 2010 davis was ready for release. but then governor arnold schwarzenegger reversed that decision. governor jerry brown has the final say on decisions by the current parole board. >>> mechanics in american airlines will begin fixing those seats that were coming loose in some of its planes. 48 of its 757s had issues with the seats coming loose. three american planes recently had them -- happen when it was in flight. the airline engineers figured out that additional preventative steps to upgrade the mechanism that locks the seats to

the border patrol agents union says agent nicholas ivie opened fire thinking the fellow agents were armed smugglers. he was killed in the return fire. >>> former penn state football coach jerry sandusky will be sentenced tomorrow. that's after a hearing determines whether or not he is a sexually violent predator. the assistant coach was at the center of a child sexual abuse scandal and convicted on 45 charges. sandusky is expected to get life in prison. >>> a farmer at the center of a deadly outbreak has issued a voluntary recall. it's being taken as a precaution because of the risk of potential contamination. the centers for disease control and prevention says there are now more than 90 confirmed cases of fungal meningitis and 7 deaths linked to steroids from the new england company. >>> new study by ucla neurophysicists shows that the sleeping brain behaves as if it was remembering something. researchers say the study helps to explain why you can more easily things you memorized the day before. it's important because humans spend a third of life sleeping and lack of sleep has adverse ef

the fbi now thinks he may have died by friendly fire. 30-year-old nicholas ivy was shot and killed this week in arizona. initially they said he came under fire after responding to a sensor that went off, but authorities say the only shell casings found at the scene were those belonging to the agents. >> as you know investigators have made evidence looking into the death. the result of friendly fire. the fact is, the work of the border patrol is dangerous. all of us wear the uniform and know that protect their communities against those who wish to do us harm. >> that news comes as homeland security secretary janet napolitano traveled to meet with officials and ivie's family. reacting to his death, napolitano said, "this tragedy reminds us of the risks our men and women confront, the dangers they willingly undertake while protecting our nation's borders." he is the third agent killed in the line of duty this year. >>> a political super bowl with the super bowl of elections just one month away. the labor department says 114,000 jobs was created in september with the unemployment rate comin

agent who died was 30 years old nicholas ivy from utah leaving behind a wife and 2 children. >> parents demand answer after young girl assaulted at school. what they want from the district. we learn a key piece of evidence that led to his capture. >> also. the angel fly into town in. how soon you hear the ear splitting roar. >> in southern california. meet some real life crime fighters. they are dressed for the job. more and later on "nightline". >> big fat experiment. we'll follow one human guinea pig and three-month fast-food bender. three-month fast-food bender. >> team explore america >> tonight we have learned new information about a man accused of kidnapping a 9-year-old girl from her school in san mateo. what they have found out is the key piece of evidence that he left for police at another school that led them right to his door. 7 news reporter john olson is on the story. >>reporter: patients left a meeting at park side elementary school, some with lingering concerns how the district handled last month kidnapping of 9-year-old girl here. >> we wanted to hear what the school was