they gave you a new trial. i said what? reporter: it didn t change the minds of dar s family. they remained convinced not only did tom kill dar, he did so on the day his son s tenth birthday celebration. you think tom is cold blooded enough to do something like that to his kid? yes. yes. i think there s evil in him. reporter: the prosecutor agreed. who killed dar foley? tom foley. there is nobody else. reporter: a year and a half after tom foley s conviction, both sides filed back into the courthouse to once again determine tom s fate. as before, the state opened its case with the crime scene analysts. what is it you found in the basement? a yellow bag. located inside was three shotgun shells. these are phone records.
bank there in dallas, texas. there you re seeing the location of it. that s the building we re looking at. outside, police as you might imagine, guarding the exits and entrances of this building which we re told is on lockdown and likely to affect a lot of people. an 18-storply building. the bank located inside, the united texas bank on merit drive. the report we have is that multiple people have been shot. we have no idea whether the gunman have escaped in this case, whether they re still inside. you re seeing kxas shopper and showing the outside of this building on what looks to be a rainy day there in dallas, texas. the report that we re getting in, multiple people shot inside a dallas bank, just reported before 11:00 a.m. central time at this bank on merit drive. this is the bank that a lot of people might know because it s next to the city dallas hospital there, the medical city dallas