this amid that number. 62% of police officers lost on the front lines last year lost to covid. also tonight, questions over the vaccine and the flu shot. should you get them at the same time? and what about your children? what parents need to know. tonight, a flight from new york to california and the alleged troubling attack on a flight attendant. the unruly passenger forcing the plane to divert to denver. news on the deadly shooting on that movie set. new images tonight of alec baldwin after authorities said all options remain on the table when it comes to any possible charges involving that shooting. and news tonight, what allegedly happened on a previous movie set. the deadly charleston church shooting that horrified this nation. tonight, the $88 million settlement for survivors and victims' relatives. what the governoacowat as we're on the air tonight. the storms hammering millions from florida up to the carolinas. then tomorrow, washington, d.c., philadelphia and new york city. rob timing this out. and news tonight on queen elizabeth and her health. good evening and it's great to have you with us here on a very busy thursday night. and we begin tonight with late word coming in that former new york governor andrew cuomo has now been criminally charged with a misdemeanor sex crime. the albany d.a. saying a criminal complaint has been filed against cuomo, accusing him of forcibly touching an unnamed woman. cuomo resigned in august amid sexual harassment allegations from 11 women, including a state trooper on his security detail. in this new complaint, the former new york governor is accused of groping a former aide at the executive mansion in albany last december. the complaint calling it, quote, intentional and degrading. state attorney general leticia james, who led the initial investigation against cuomo, now saying today's charge validates her findings. tonight, the former governor's attorney saying in a statement a short time ago that governor cuomo has never assaulted anyone. abc's stephanie ramos leading us off. >> reporter: he resigned in disgrace, and tonight, former new york governor andrew cuomo now facing criminal charges. the charge, one misdemeanor count of forcible touching, filed late today by the albany county sheriff's office. from an incident at the governor's mansion on december 7th, 2020, when cuomo "forcibly placed his hand under the blouse" of an unnamed victim and "onto her intimate body part, intentionally and for no legitimate purpose." the alleged victim's name is redacted, but she has publicly identified herself as brittany commisso, who was cuomo's executive assistant at the time, telling cbs and "the albany times union" this -- >> he put his hand up my blouse and cupped my breast over my bra. >> reporter: cuomo has said the incident never happened. 11 women, nine of them state employees, accused cuomo of sexual harassment. cuomo resigned in august, three weeks after new york's attorney general leticia james concluded an investigation. >> governor andrew cuomo sexually harassed current and former new york state employees by engaging in unwelcome and nonconsensual touching. >> reporter: on the day of his resignation, cuomo was defiant on the claims but apologized to those women. >> this is not to say that there are not 11 women who i truly offended. there are. and for that, i deeply, deeply apologize. >> reporter: cuomo's attorney responded to the criminal complaint in a statement, saying the governor never assaulted anyone and that the sheriff's motives are improper. the new york attorney general letitia james put out a statement saying that "criminal charges brought today against mr. cuomo for forcible touching further validate the findings in our report." cuomo is due in court november 17th. david? >> stephanie ramos leading us off tonight. steph, thank you. we're going to move onto other news this thursday night and president biden tonight declaring democrats have a framework on the second of his two bills, the one he calls the build back better bill, the so-called human inf infrastructure universal pre-k for 3 and 4-year-olds, expanding medicare and lowering health care costs and action on climate change. electric car initiatives and building electric stations. the president delaying his trip to europe for a time today to instead go to capitol hill. so, the question tonight, does he have the votes or was it a gamble to declare victory before heading off to meet with world leaders in rome and glasgow? rachel scott with new details tonight from inside that meeting on the hill. >> reporter: president biden today delaying his trip to europe to make one more trip to capitol hill. >> it's a good day. >> reporter: begging his fellow democrats to give him a win before he heads overseas, declaring a framework of a deal for his massive domestic agenda had finally been reached. >> it will fundamentally change the lives of millions of people for the better. >> reporter: the president outlining a $1.75 trillion plan to provide free universal pre-k for kids and extend the child tax credit for families. it would also include money for childc expand medicare to cover hearing. and it would set aside more than half a trillion dollars to combat climate change, including tax incentives for manufacturing and buying electric cars, for installing charging stations. the president insisting the time has come. >> somewhere along the way, we stopped investing in ourselves, investing in our people. >> reporter: but some of the president's top priorities didn't make the cut. moderate senators joe manchin and kyrsten sinema forcing him to scrap plans for free community college and paid family leave. >> no one got everything they wanted, including me. but that's what compromise is. >> reporter: still, the president and house speaker nancy pelosi hoping the framework would be enough to convince house progressives today to vote on the separate bipartisan infrastructure plan. >> if you took any one piece of it, it would be transformative and historic. >> reporter: but tonight, progressives not convinced. >> clearly to my mind, it has some major gaps in it. >> i feel a little bamboozled because this was not what i thought was coming today. >> reporter: what's more, sinema and manchin won't even say whether they actually support the president's framework. senator, you said you were making progress. do you support the framework? senator, people are just confused on where you stand. do you support the framework? would you vote for a $1.7 trillion package? >> we have negotiated a good number that we've worked off of and we're all dealing in good faith. >> reporter: it's all left house progressives wondering if they vote for the bipartisan infrastructure package, can they count on manchin and sinema to vote yes on the larger package? or would their leverage then be gone? do you trust that senators manchin and sinema will vote based off of what is outlined in this framework? >> i trust the president of the united states. >> all right, rachel scott live on the hill again tonight. rachel, president biden taking a risk with that last-minute trip to the hill today. the big question tonight, of course, will it pay off? he wanted a vote tonight, but now you're learning that won't happen and what else can you tell us from inside that room today? >> reporter: that's right, david. we have just learned there will not be a vote in the house tonight. sources tell us, when the president met with democrats behind closed doors, he made a hard sell, telling them that his presidency is at stake. there were chants in the room of "vote, vote, vote." house speaker nancy pelosi then saying flat-out, do not embarrass the president before he heads overseas. but the reality tonight is, when the president lands in europe, his economic agenda will still be hanging in the balance. david? >> rachel scott with us again tonight. thank you, rachel. we move on tonight to the showdown over covid vaccine mandates. new york city firefighters defying the mayor tonight. firefighters, some police officers and city workers protesting the city's expanded vaccine mandate, which takes effect at 5:00 p.m. tomorrow. reports of garbage in the streets, some sanitation workers against the mandate. some members of the nypd still against the mandate. and all of this amid that number. 62% of police lost on the front lines last year lost to covid. tonight, we also cover questions over the vaccine and the flu shot. should you get them both at the same time? and what about your children? here's whit johnson. >> hold the line! >> reporter: outrage over vaccine mandates reaching a boiling point in new york city today. >> we are not anti-vaccine. we are anti-mandate. >> reporter: protesters taking to the streets ahead of a looming deadline friday night for thousands of city workers to get vaccinated or go unpaid. >> my job is to keep people safe. my employees and 8.8 million people. and until we defeat covid, people are not safe. >> reporter: at least a quarter of city employees at the fire and police departments are still unvaccinated. fire officials warning the city could see 20% fewer fire companies and ambulances starting next week. >> you're going to see dozens and dozens of firehouses close. you're going to see response times climb. it is inevitable. lives are going to be lost. >> reporter: last year, nationwide, 62% of law enforcement deaths in the line of duty were from covid. and tonight, reports of trash piling up in new york streets as the city faces opposition from some sanitation workers. this as the biden administration has purchased another 50 million pediatric doses of the pfizer vaccine ahead of potential authorization for kids 5 to 11. the first shots for that age group expected next week, but according to a new poll, the number of parents ready to get young children vaccinated right away is dropping, from 34% a month ago to 27% today. >> those questions persist. whit johnson with us tonight. and a lot of parents are also asking about flu shots for their children, with a vaccine for 5 to 11-year-olds coming soon. so, i'm curious, what is the guidance tonight from health experts on how to handle both, whether to do it at the same time? >> reporter: well, david, the cdc has already said that it is safe for teens and adults to get the covid vaccine and the flu shot at the same time. health experts do expect that it should be fine for those younger kids 5 to 11 to do the same. but for now, they are advising parents to wait for more specific guidance from the cdc. david? >> all right, whit johnson. whit, thank you. next tonight here, to a flight from new york to california diverted to denver, after an alleged troubling attack on a flight attendant. the passenger allegedly punching that attendant and here's abc's trevor ault now. >> reporter: tonight, disturbing new details about the american airlines passenger accused of punching a flight attendant. a source familiar with the investigation telling abc this was an unprovoked attack. the flight attendant accidentally bumping that first class passenger in the aisle and apologizing. the man later walking to the galley, allegedly punching her twice and returning to his seat as if nothing happened. the flight from new york to california diverting to denver. >> boo! >> reporter: american's ceo calling this "one of the worst displays of unruly behavior we've ever witnessed." >> this type of behavior has to stop and the best deterrent is aggressive criminal prosecution. >> oh, lord! no! >> reporter: the assault marks the latest in a staggering year of airline passenger disruptions and violence. nearly 5,000 incidents reported. this woman now facing federal charges, filmed knocking out the teeth of a southwest flight attendant in may. she's pleaded not guilty. this year, the faa opening 923 investigations into unruly passengers, about three times the previous single-year record with two months still to go. . >> we're on track in this year to have more incidents in 2021 than we've had in the entire history of aviation. it's completely out of control. >> reporter: the fbi is now leading this investigation. they'll decide whether or not to file charges, including interfering with a flight crew, which carries a sentence of up to 20 years in prison, and david, that flight attendant is expected to be okay. david? >> all right, that is good news. trevor ault tonight. trevor, thank you. there is also news tonight after the deadly shooting on that movie set. new images this evening of alec baldwin after authorities said yesterday that all options remain on the table when it comes to any possible charges for some people who were on that set. and new questions tonight about what allegedly happened on a previous movie set. abc's kaylee hartung in santa fe. >> reporter: tonight, new pictures from tmz emerging of alec baldwin, just after authorities announced they're not ruling out charges against anyone, including the actor, in the movie set shooting that killed cinematographer halyna hutchins one week ago. >> there was complacency, that's obvious. i think there was some disorganization and some safety issues and protocols that weren't properly followed. >> reporter: in an affidavit, the film's armorer, hannah gutierrez-reed, telling investigators "no live ammo is ever kept on set," but authorities say the colt .45 revolver fired by baldwin shot a bullet and suspect they'll discover more live ammunition among the 500 rounds collected on set. our robin roberts today pressing the sheriff. >> have you been able to determine yet who brought the live ammo on the set? >> we haven't. we've got some initial statements. there was probably close to a hundred people total that are on set. we will focus our questions in reference to how those live rounds ended up on set. >> reporter: earlier this year, 24-year-old gutierrez-reed took her first job as lead armorer on a film starring nicholas cage. stu brumbaugh was on that production crew and recalls his concerns when he says she fired a blank with no warning. >> she fired off a round at the ground. none of us were wearing hearing protection. none of us were prepared for a gunshot to go off. >> reporter: and david, the sheriff tells abc news they are investigating the claims that some crew members were using the movie's prop guns recreationally for target practice. david? >> all right, kaylee hartung, thank you. we turn now to the deadly charleston church shooting that horrified and saddened this nation. tonight, news of an $88 million settlement for survivors and victims' relatives, and what the government now acknowledges. here's our chief justice correspondent pierre thomas tonight. >> reporter: the government acknowledged their failure was stark. that an fbi official conducting a background check failed to uncover that dylann roof had admitted to a felony drug charge that would have blocked him from buying the murder weapon used in that south carolina church in 2015. how is the healing process going for you? >> i still relive and i still think about what happened. being there. i'll remember it until the day i die. >> reporter: jennifer pinckney was there that night that roof invaded her church's sanctuary during bible study and murdered her husband, clementa, and eight others. roof, a white supremacist, killed them and wounded five more, simply because they were black. the government today announced she and the other families of the massacre at mother emanuel ame church will receive an $88 million settlement from the federal government. but for jennifer, no amount of money is enough. >> you can all take the settlement. bring my husband back to me. >> reporter: reverend clementa pinckney, a state senator and rising star in south carolina politics, also left behind two daughters. >> to see a government acknowledge the fact that racism still exists and to acknowledge the fact that gun violence is an issue and to do everything they can to correct a mistake that happened is so important to me. >> reporter: dylann roof is the first person convicted of a federal hate crime who could receive the death penalty. david? >> we will never forget that day. pierre thomas tonight, thank you. we're tracking a dangerous tornado threat as we're on the air tonight and severe storms effecting millions from florida right up into the carolinas and then tomorrow, washington, d.c. through philadelphia and new york city. look at this image tonight, a water spout forming near children's hospital in tampa bay today. the system moving up the east coast. let's get right to senior meteorologist rob marciano, back with us again tonight. hey, rob. >> reporter: hi, david. another tough day. this time, in florida. there's still a tornado watch out there and ft. myers, naples, you're in it for the next couple of hours. then all of this moves up to the north, gifts pulled in by the mother low, which is very slow moving. so, it's going to be widespread from chicago to cleveland all the way to new york. d.c., baltimore, chesapeake bay, delaware bay, i'm worried about coastal flooding there tomorrow afternoon and then the heavy rains move into the new york metro area tomorrow night into saturday and hang around all weekend long. so, we're already saturated here. i think flooding is going to be a problem once again this weekend. david? >> all right, rob, we appreciate it. when we come back here tonight, the workers rescued during a scaffolding emergency. the pictures. and the difficult news tonight on a missing woman from new jersey making national headlines. i'm not getting through the pandemic just to end up with the flu. i asked for fluzone high-dose quadrivalent. it's the #1-used flu vaccine for people 65 and older. fluzone high-dose quadrivalent is the only vaccine approved by the fda for superior flu protection in adults 65+. i'm not letting my guard down. fluzone high-dose quadrivalent isn't for people who've had a severe allergic reaction to any flu vaccine or vaccine component, including eggs or egg products. tell your health care professional if you've ever experienced severe muscle weakness after receiving a flu shot. people with weakened immune systems, including those receiving therapies that suppress the immune system, may experience lower immune responses. vaccination may not protect everyone. side effects include pain, redness, and/or swelling where you got the shot, muscle ache, headache, and general discomfort. other side effects may occur. all flu shots are not the same. i raised my game with fluzone high-dose quadrivalent. ask your doctor or pharmacist for fluzone high-dose quadrivalent. your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire what's the #1 retinol brand matching your job description. used most by dermatologists? 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>> for all the kids on the floor. >> gift bags for all the kids on the floor? >> yeah. >> akeem making gift bags for the other children on his floor. to let them know he's thinking about them. stuffed animals and candy. >> what you dropping in there right now? >> some popcorn balls. >> nice. >> dozens of bags and new friends. >> you're going to make all these kids so happy tonight. >> and the balloons. >> they look good. >> and right here tonight -- >> hi, david! >> akeem and his father. >> i passed out all the gift bags hoping that the kids would feel better. >> akeem telling us he hopes it helps the other kids feel better, too. >> he really taught me that no matter what you're going through in life, there's always room to still spread positivity and spread joy throughout the world. >> and tonight, we're happy to report akeem out of the hospital, now home, recovering until his next treatment. and doctors say his prognosis is good. and that is good news. akeem, we're cheering you own. i'm david muir. i hope to see you right back here tomorrow. good night >> the storm is long gone but this how slid off its foundation just today. this is not the only example of fresh damage. spencer: our next wave of wet weather is a few days away. i will have the forecast. reporter: under pressure to fully restore bus lines, especially in underserved communities. reporter: bart is hoping reopen bathrooms at been close will lower people back to the system. >> building a better bay area, moving forward and finding solutions. this is abc 7 news. >> dan: you are watching the news at six. our mission to build a better bay area has changed some during the pandemic we pivoted towards new priorities but issues like traffic remain. drivers crossing the bay bridge face the same traffic they did before the pandemic with the backup at the toll plaza from well before dawn. ama: writers on bart can get a hold trained to themselves sometimes. ridership on a good day is 27% of normal. changes coming to some of the busiest transit systems. dan: these are changes we hope makes things that are. we have the latest from muni which is still struggling to restore service to all lines and is getting pressure to pick up the pace. ama: let us hear from laura. part is ringing back bathroom access for the first time in 20 years part of a larger effort to get writers back. reporter: not since september 11, 2011 have the bathrooms here been open to the public. they were closed due to security threats and stayed that way for two decades. bart has announced that the time is right to reopen them. >>