: tony gwynn, the 15-time san diego padres all of star known for his sweet swing and smokeless tobaccohis 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 smokeless tobacco. >> the tobacco companies were using his addiction to turn him into a walking billboard. >> reporter: chewing smokeless tobacco also called dipping still popular in big league dugouts. according to the lawsuit gwynn chewing the equivalent of smoking four to five packs of cigarettes per day. >> i've had nights where i drive down to the local circle k to get a can and the lady behind the

. >>> 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

and now word the family of major league baseball hall of famer tony gwynn filed a wrongful death lawsuitinst the tobacco industry. gwynn 54 died two years ago from cancer related to chewing tobacco. in 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

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

tony begin died of dancer. 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