This is the cbs evening news with Norah Odonnell, reporting from the Nations Capital. Odonnell good evening odonnell good evening, and thank you for joining us. Were going to begin tonight with breaking news and a state of emergency in louisville, kentucky. As we come on the air, protesters and police are clashing that. The National Guard is on alert, and the city is under a mandatory curfew after a grand jury decided not to indict three Police Officers in the shooting death of Breonna Taylor. The 26yearold emergency room technician was shot six times in her apartment back in march by Plainclothes Police serving a drug warrant. Today, the attorney general said two of the officers were were justified when they fired the shots that killed her. Now, a third officer will face lesser charges, not for taylors death, but for firing shots into her neighbors homes. The killing of Breonna Taylor gained renewed attention this summer in the wake of George Floyds death as cries of say her name became part of a nationwide movement for social justice and police reform. Shes graced the cover of o magazine and her cause was championed by athletes and celebrities. And tonight, there is once again anger and frustration on the streets of louisville from those who feel justice has not been done. Theres a lot of new reporting to get to tonight. We have our team of correspondents standing by. Cbs Jericka Duncan is going to lead us off tonight from louisville. Good evening, jericka. Reporter good evening, norah. As the news spread, the number of demonstrators here at Jefferson Park grew. You can hear them chanting right now, black lives matter. Many of them said that the officer was going to be chao officer was going to be charged directly with the killing of Breonna Taylor, tears were shed, voices raised. There was a wave of palpable disappointment. This is why we are angry reporter immediately after the decision was announced, there was an explosion of emotion. Weve been out here for over 100 days. This is ridiculous. You know its not fair. At the end of the day, like, how much is a black womans life worth . Reporter demonstrators took to the streets. Late this afternoon, protesters clashed with police. As the chanting continued in louisville, 50 miles away in frankfort, kentucky, attorney general Daniel Cameron said he followed the facts. Sometimes the law, the criminal law is not adequate to respond to a tragedy. Reporter the grand jury concluded former officer brett hankison, who wildly fired ten shots endangered the lives of three people who were inside an apartment near Breonna Taylors. Officers Johnathan Mattingly and myles cosgrove, who fired the fatal shot at taylor, will not face state criminal charges. According to kentucky law, the use of force by mattingly and cosgrove was justified to protect themselves. This justification bars us from pursuing criminal charges in miss Breonna Taylors death. Come outside reporter taylor was killed in the earlymorning hours of march 13 as police were executing a search warrant. Her boyfriend, kenneth walker, says he believed the police were intruders. He fired a single shot that hit mattingly. Police then returned fire, hitting taylor six times. Somebody kicked in the door and shot my girlfriend. Reporter taylors family attorney, ben crump, called the decision outrageous and offensive. I mean, a life cut far too short, a life pregnant with possibilities. Reporter todays decision means no one will face state charges in Breonna Taylors death, a fact that is fueling the crowds response. So many that are at home right now minding their own business, and right now, our police could storm through their doors and murder them. That endangerment was about her neighbors. That was not about Breonna Taylor. Reporter cbs news has learned that one officer who was charged was released tonight on 15,000 bail. Some protesters have been arrested, but this is not over. The f. B. I. Is still investigating the shooting for possible civil rights violations, but the conclusion of that investigation could take months. Norah. Odonnell Jericka Duncan in louisville tonight. Thank you, jericka. We turn now to the coronavirus pandemic. The death toll in the u. S. Climbed above 201,000 today as nearly 1,000 new deaths were reported. On capitol hill, top u. S. Health officials told senators that they themselves would take a Covid Vaccine when its approved, and that theres growing optimism that a vaccine will prove safe and effective by late this year or early next year. We get more now from cbs mola lenghi. Reporter today, the nations Top Health Officials in the hot seat. In the end, f. D. A. Will not authorize or approve a vaccine that we would not feel comfortable giving to our families. If i take a shot to get the vaccine, does that give me covid . Absolutely not. That would be impossible. Reporter the head of the National Institutes of health, dr. Anthony fauci, sparring with senator rand paul, over new york citys low test positivity rate. They are looking at the guidelines that we have put together from the task force of the four or five things of masks, social distancing, outdoors more than indoors; avoiding crowds and washing hands. Or theyve developed enough Community Immunity that theyre no longer having the pandemic because they have enough immunity in new york city to actually stop it. I challenged that, senator. Im afraid please, sir, i would like to be able to do this because this happens with senator rand all the time. You are not listening to what the director of the c. D. C. Said, that in new york, its about 22 . If you believe 22 is herd immunity, i believe youre alone in that. Reporter as drug makers race to develop a vaccine, the f. D. A. Is expected to issue tougher standards for approval. F. D. A. Will not authorize or approve any covid19 vaccine before it has met the agencys rigorous expectations for safety and effectiveness. I think thats going to take us to april, may, june, you know, possibly july to get the entire American Public completely vaccinated. Reporter today, Johnson Johnson became the fourth vaccine maker to begin the final stages of trials. Their vaccine would require a single dose and not have to be stored in subzero temperatures, unlike other vaccines. Even if we do this fast, it is still very rigorous. We dont cut corners. We do what we need to be in order to show safety and efficacy. Reporter well, new cases continue to rise. Now in 28 states, plus washington, d. C. And puerto rico. Theres also an uptick here in new york city, where 20 of those new cases are concentrated in just four neighborhoods, norah. Odonnell mola lenghi, thank you. Today, there was an emotional and moving scene that played out on the steps of the u. S. Supreme court as thousands lined up to pay their final respects to Justice Ruth Bader ginsburg. President trump is expected to visit on thursday, while late this afternoon, Vice President pence and karen pence joined the mourners. We get more now from cbs jan crawford. Reporter there was a quiet reverence as Justice Ruth Bader ginsburg arrived at the Supreme Court for last time. Lining the steps, more than 100 former law clerks during her 27 years as a justice, helping usher their mentor into the great hall. Reporter all eight justices, her family, friends, paid tribute in a private ceremony. Chief Justice John Roberts mixed his remarks with affection and humor. Among the words that best describe ruth, tough, brave, a fighter, a winner, but also, thoughtful, careful, compassionate, honest. When it came to opera, insightful, passionate. When it came to sports, clueless. Reporter maureen scalia, widow of the late justice antonin scalia, known for his legendary friendship with ginsburg and their shared love of opera was among the mourners. She was not an opera star but she found her stage right behind behind me in our courtroom. There she won famous victories that helped move our nation closer to equal justice. And yet, still, ruth is gone, and we grieve. Reporter outside the court, crowds gathered in an outpouring including t of their own, including the president who nominated her, bill clinton, with his wife, hillary. They grieved at the loss of a champion, a hero, an inspiration for generations of women. The line never shortened as people filed by paying their respects. Justice ginsburg will lie here in repose until tomorrow night, her former clerks standing by, for the public to give thanks, her final act at the court and life of service. Odonnell jan crawford joins us now from the Supreme Court. And, jan, how else will the nation honor the late justice . Reporter well, on friday shes actually going to lie in state at the u. S. Capitol, where lawmakers are going to take a pause in what already is that heated battle over her replacement. And as for her replacement, norah, the entire washington republican establishment seems to be firmly behind judge amy coney barrett, but the president has not made a final decision. As of today, he was still talking about Barbara Lagoa of florida. Odonnell jan crawford with all those late details. Thank you, jan. And now to the white house, where the president came to the Briefing Room just a short time ago to talk about coronavirus but ended up making news on what could happen if he loses this years election. Cbs weijia jiang joins us right now from the white house. Good evening, weijia. Reporter good evening, norah. Tonight, President Trump refused to commit to a peaceful transfer of power, regardless of the outcome of the election. And he has repeatedly said the only way he will lose is if it is rigged. Now he says the Supreme Court will likely have to make the final call. All this unfolding as the president cut his briefing short to take an emergency phone call. President trump revealed why hes rushing to nominate a justice to the Supreme Court, anticipating a battle over the election results. I think this will end up in the Supreme Court. And i think its very important that we have nine justices. Reporter the president wants congress to confirm his pick before november 3. We were elected. We have a lot of time. One justice was picked in 19 days, 19 days. Reporter the monumental decision could reshape the race that was largely focused on mr. Trumps handling of the pandemic. Is he going to walk in with a mask . Reporter at a packed rally last night, just as the u. S. Death toll crossed over 200,000, President Trump made light of joe biden covering his face. I mean, honestly, what the hell did he spend all that money on the Plastic Surgery if hes going to cover it up with a mask . Seriously. Reporter doctors on the Coronavirus Task force say masks are the best protection against the virus. Face masks, these face masks are the most important powerful Public Health tool we have. Reporter but the president often rejects their views, relying instead on dr. Scott atlas. Mr. Trump hand picked the radiologist, who has no experience with infectious diseases, to be a medical adviser. Today, the white house denied a report that dr. Deborah birx, the coordinator of the task force, is distressed and unhappy over atlass influence. But cbs news has learned that birx is just one of several members of the task force who the task force who have clashed with atlas. And we still dont know what that phone call was about that the president took, but earlier today, a new york judge ruled that his son, eric trump, must testify as part of an investigation into the familys Business Practices some time in the next two weeks, rejecting mr. Trumps claims that he is too busy campaigning. Eric trump called the probe a vendetta against his father, but said he will comply. Norah. Odonnell so much news coming out of the white house. Weijia jiang, thank you so much. The passing of the Justice Ginsburg has sparked a surge of new voters. Today, the Nonpartisan Group vote. Org, said it handled more than 40,000 new registrations in the two days after her death. Thats an almost 70 increase over the previous weekend. This comes as joe biden gets a surprising boost in a battleground state. Heres cbs ed okeefe. Reporter joe biden traveled to North Carolina today, fresh off picking up yet another endorsement from a prominent republican. Lets vote for joe biden. Reporter this time, its cindy mccain, the widow of john mccain, who ran against barack obama and biden in 2008. Im not changing my registration or anything like that, but right now, i believe the person in the race that is the best one that represents me is joe biden. Reporter mccains husband served as the senior senator from arizona, where a new poll today shows biden tied with President Trump. He fired back today on twitter, reminding followers that hes no fan of the late senator. Other polls show biden and mr. Trump virtually tied in the battleground states of florida and georgia, and as biden tries to stay ahead, hes focusing on the economy, coronavirus, and race relations, which he discussed today with black leaders and educators. We have a gigantic opportunity, a gigantic opportunity to fundamentally change the systemic racism and the systemic problems that exist in our system. Reporter he also warned that a more conservative Supreme Court could spell the end of the Affordable Care act. Reporter some democrats want to add seats to rebalance the Supreme Court. Biden has opposed the idea of socalled court packing, but now wont go there. Let me tell you, im not going to answer that question. The discussion should be about why he is moving in a direction thats totally inconsistent with what the founders wanted. Reporter meanwhile, another big biden backer, former president barack obama, is now asking americans to send him a text message. Hes eager to learn how americans are planning to vote. Aides say he plans to use all tools at his disposal to motivate voters ahead of election day. Norah. Odonnell there is much more ahead on tonights cbs evening news, including something thats never happened before a deadly grizzly attack at the nations Biggest National park. And the incredible rescue of a truck driver trapped inside a fiery wreck. 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A truck driver in iowa is being hailed as a hero for racing to rescue a fellow trucker who was trapped inside a fiery wreck. Video has surfaced from last month showing bob smith smashing his way into the truck to pull the driver out. Smith had previously been a crash investigator for the iowa state patrol, and now he can add hero to his resume. Tributes are pouring in tonight for gayle sayers, the Chicago Bears hall of fame running back died today from dementia. Sayers friendship with dying teammate Brian Piccolo inspired the 1971 movie brians song starring Billy Dee Williams and james caan. Williams remembered sayers today as an extraordinary human being with the kindest heart. Gayle sayers was 77 years old. Coming up next, a true inspiration. She survived the spanish flu, and shes still hitting winners during this pandemic. But today theres a combination of two immunotherapies you can take first. One that could mean. A chance to live longer. 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Cbs chip reid introduces us. Reporter the coronavirus is not evelyn schroedls first pandemic. My mother told me that in 1918, everybody in the family had flu. Reporter the spanish flu, one of the deadliest pandemics in history. You look like a model of health to me. I feel like a model of health. Reporter at 102, shes covid free and still playing tennis at brandnew courts at Goucher College in maryland, named for her because she paid for them. Its beautiful. This is a dream come true. Reporter during the depression, her family couldnt afford college, so she worked in the gouchers registrars office, took classes when she could, and graduated at age 44. Im paying back because i learned so much here. applause reporter at 96, evelyn repelled down a 27story building. For her 103rd birthday tomorrow shes toning it down a bit. She plans to play bridge. Im having a wonderful time. Reporter youre living life to the fullest. Thats what its there for. Reporter yes, it is, evelyn, and we will try to keep up. Chip reid, cbs news, towson, maryland. Odonnell happy birthday, evelyn. Well be right back. Im cologuard. Im noninvasive and detect altered dna in your stool to find 92 of colon cancers even in early stages. Tell me more. Its for people 45 plus at average risk for colon cancer, not high risk. False positive and negative results may occur. Ask your prescriber if cologuard is right for you. Im on it. Thats a step in the right direction. Its time for theraflu hot liquid medicine. Powerful relief so you can restore and recover. Theraflu hot beats cold. Because i trust their quality. Vitamins, they were the first to be verified by usp, an independent organization that sets strict quality and purity standards. Nature made. The 1 pharmacistrecommended vitamin and supplement brand. Heres to the duers. To all the people who realize they can du more with less asthma thanks to dupixent, the addon treatment for specific types of moderatetosevere asthma. Dupixent isnt for sudden breathing problems. It can improve lung function for better breathing in as little as 2 weeks and help prevent severe asthma attacks. Its not a steroid but can help reduce or eliminate oral steroids. Dupixent can cause serious allergic reactions including anaphylaxis. Get help right away if you have rash, shortness of breath, chest pain, tingling or numbness in your limbs. Tell your doctor if you have a parasitic infection and dont change or stop your asthma treatments, including steroids, without talking to your doctor. Are you ready to du more with less asthma . Talk to your asthma specialist about dupixent. If your financial situation has changed, we may be able to help. Odonnell okay, on tomorrows cbs evening news, im really excited about this piece, how one School District uses school buses to get wifi to their students. And if you cant watch us live, dont forget to set your dvr so you can watch us later. That is tonights edition of the cbs evening news. A reminder to stay positive and test negative. Im Norah Odonnell in the Nations Capital this is the cbs overnight news. Im Catherine Herridge in washington. Thanks for staying with us. The parents of a 13yearold autistic boy is seeking anxiouses after a Police Officer opened fire on him while he was running away. A woman had called 911 trying to get help. Jamie yuccas has the story. Get on on the ground. Reporter he has autism. Hey, show me your hands, show me your hands. I dont feel like it. Show me your hands. The officer fired 11 shots. Bullets tore through his shoulder, both intestines and bladder but he survived. He was running away. He was running away. Reporter his mother thood h had called 911 o earlier saying her son was having a mental breakdown and she asked for a crisis intervention officer. My son does not like cops at all. Thats why he needed a Mental Health worker. Reporter instead, four Police Officers arrived on scene. Barton told her her son may have had access to a beebe gun or prop gun but didnt believe it was on him. Its not a real gun. Unfortunately we have to treat them as if they were. Get on the ground. Knock it off. O. Reporter officers confronted him and he ran. The multihad warned officers that he was afraid of police. He sees the badge and automatically thinks youre going kill him or he has to defend himself. Reporter two of the officers expressed concern about approaching him. Im not about to get in a shooting because hes upset. Get on the ground get on the ground Reporter Police released the body cam footage monday. Hes a small child. Why dont you tackle him . You are big Police Officers are massive amount of resource. Come ochblt give me a break. Reporter what was it like to watch that video . The worst thing in my life. He