one year biggest increase ever. we're in philadelphia where they're struggling to get gun crimes under control. reagan shooter to be freed. 40 years after he nearly killed then-president ronald reagan john hinckley oaf reach also a deal. d.e.a. drug warning, the alert tonight warning about a dramatic increase in fake prescription drugs containing deadly amounts of fentanyl. facebook reversal, why the social media giant is pulling plans to launch instagram for kids. and hispanic heritage month, celebrating america's car culture in a new light. this is the "cbs evening news" with norah o'donnell, reporting from the nation's capital. >> o'donnell: good evening to our viewers in the west, and thank you so much for joining us. we are going to begin with that breaking news from new york. in one of the most prominent trials of the #metoo era, a federal jury has convicted r&b superstar r. kelly on all counts, eight of sex trafficking and one count of racketeering, a charge usually associated with mobsters. prosecutors accused kelly of grooming young women and minors luring them into unwanted sexual relationships. for decades he denied any wrongdoing and at first his career continued to soar, concerts sold out and 12 albums went platinum. a 2019 documentary focused new light on allegations and gave voice to accusers. soon after new state and federal charges followed and now he's a convicted sex offender. cbs' jericka duncan has reported extensively on this case and joins us from federal court in brooklyn. good evening, jericka, what a day. >> reporter: yes, it has been a day, norah. this was an historic case that was highly anticipated. one investigator said r. kelly believed his fame would drown out the voices of his accusers. but a chorus of women took to the stand and described sexual abuse so graphic we can't even go into detail on television. in the end, the jury believed the women. the verdict came swiftly for r&b singer r. kelly after weeks of sexually explicit testimony. the 54-year-old was found guilty on all sexual abuse counts for racketeering and sex trafficking violations. it took the jury of seven men and five women around nine hours to reach a verdict. one spectator could be heard weeping as it was read. acting u.s. attorney jacquelyn kasulis. >> no matter how long it takes, the long arm of the law will catch up with you. ♪ i believe i can fly i believe i can ♪ touch the sky ♪ >> reporter: for decades the three-time grammy winner topped the charts with mega hits, but allegations of sexual abuse kept mounting, some seen in this 2019 documentary "surviving r. kelly." weeks after its release, he was arrested on charges of sexual abuse. he denied the accusations. >> i didn't do this stuff! this is not me! i'm fighting for my ( bleep ) life! >> reporter: at one point forcefully defending himself to cbs' gayle king in an exclusive interview. >> robert-- >> ( shouting incoherently ) >> reporter: the prosecution called 45 witnesses, including 11 accusers six of whom testified they were underage when kelly began sexual encounters with them. prosecutors argued kelly ran a criminal enterprise using fame, money and power to control and sexually abuse his victims, like the late r&b singer allyia who was allegedly around 13 when it began. martinez, known as jane doe number 9 said she was underage when r. kelly forced her to engage in sexual acts. if you could describe for me how you're feeling after hearing the news. >> i'm feeling extremely happy, relieved. i'm so proud of the women who were able to speak their truth.k the stand, but jurors heard the testimonies of five defense witnesses. and kelly will be sentenced in may of next year. he's facing decades behind bars. when i asked an attorney on kelly's team if they plan to appeal this case, he simply said there will be a lot of monday morning quarterbacking on this one. norah, kelly still faces a federal trial in chicago. >> o'donnell: but finally some justice for the victims. jericka duncan, thank you. we turn now to the covid pandemic. tonight two out of every three american adults are fully vaccinated, and the next wave of booster shots is underway with president biden wasting no time getting his today. cbs' errol barnett reports from new york where a key vaccine mandate is kicking in. >> reporter: americans are lining up to get the pfizer booster shot after the c.d.c. cleared the way on friday for millions or those at high risk to get a third dose. some 340,000 have been administered since then including to those who are immunocompromised. even the president rolled up his sleeve today, and while receiving his third dose addressed the nearly a quarter of americans who are yet to get their first. >> boosters are important, but the most important thing we need to do is get more people vaccinated. >> reporter: this as thousands of new york hospital workers face an ultimatum: get vaccinated or be terminated. >> it's not a role i relish, but i am also realistic to know there are people who will not come back to their jobs. >> reporter: new york's governor is considering calling in the national guard to help fill positions. while 84% of state hospital workers are now fully vaccinated, that means more than 83,000 are not. >> are you really ready to give up your paycheck? a lot of people will say at that point, wait, i'll go get vaccinated. >> reporter: that's already happened at new york presbyterian which implemented its mandate last week. >> you don't want to shame anybody. certainly nobody wants to lose a job and we don't want anybody to lose their job, but we felt that had to be the choice the people would make. >> reporter: new york is one of six states plus the district of columbia that have vaccine mandates in place for healthcare workers, despite some protests nationwide. do you feel, then, it takes a mandate to get everybody vaccinated? >> we felt unless we had a mandate we would not get to where we needed to get to as an institution to protect our patients, to protect our staff, and each other. >> reporter: now, doctor also tells cbs news 30% of staff in his system were unvaccinated over the summer and there was a real rush to get the shot right before the deadline. the number of staffers who missed that cutoff and were in effect dismissed, fewer than 1%. also tonight a federal ruling new york city can proceed with vaccine mandate for school staff and employees. norah. >> o'donnell: showing the mandate does work. errol barnett, thank you. tonight, federal investigators are poring over video from the amtrak train that jumped the tracks in montana on sunday. they're looking for clues in the accident that killed three passengers. cbs' meg oliver reports from the scene in joplin, montana. >> reporter: these 911 recordings captured the terrifying moments immediately after an amtrak train from chicago to seattle derailed along a remote stretch in north central montana. >> reporter: of the 141 passengers and 17 crew members aboard, three were killed, dozens were hurt. today the dead were identified as 74-year-old donald varnadoe and his wife 72-year-old marjorie. the georgia couple was celebrating their 50th anniversary. and zach schneider, 28, of illinois. a green bay packers fan, he was traveling with his 26-year-old wife rebecca, who was unhurt. today, n.t.s.b. investigators combed the scene in search of clues to the cause of the crash. the train had been moving below the 79-mile-per-hour limit at the time of the accident. the tracks went through a regular inspection just two days earlier. >> we are not ruling anything out at this point. we have ruled everything in. >> reporter: late this afternoon, those cars that remained upright were rolled away. >> oh, my god, it's on its side. >> reporter: social media captured the scope of the damage. railcars tossed on their side, passengers stranded, luggage scattered. >> i was laying down in my compartment on a bed, so, luckily, i just tumbled. >> reporter: andrew sivula was bound for portland. >> i heard a loud bang and then the cars tipped. >> reporter: wayne freed was switching cars when he held on for dear life. >> my legs were dangling below and the windows broke out below escad.is eventually how we >> reporter: tonight i talked with zach's now widow over the phone. she said they were traveling to portland, oregon, where they spent their honeymoon seven years ago. she called him the kindest, most decent person you would ever meet. norah. >> o'donnell: what a loss. thank you so much. president biden faces the most pivotal week of his presidency. house and senate democrats are rushing to complete work on the president's multi-trillion spending plans. and on top of that a government shutdown is looming. cbs' nikole killion has all the details from the capitol. >> reporter: tonight a high stakes showdown. >> voting no says let's risk it. >> reporter: over a potential shutdown. >> we will not provide republican votes for raising the debt limit. >> reporter: congress at odds over how to avoid an historic default on the nation's debt and keep the government open before funding expires friday. without a resolution, agency services could be halted and roughly 800,000 federal workers would be furloughed with suspended pay. at the white house, president biden exuded confidence as the main pillars of his legislative agenda hang in the balance. >> i'm a born optimist. i think things are going to go well. i think we'll get it done. >> reporter: house democrats huddled behind closed doors ahead of a possible vote this week on the president's $3.5 trillion social spending package. it includes an estimated $450 billion for universal pre-k and to lower the cost of childcare, $327 billion for affordable housing and $225 billion for paid family and medical leave. >> if somebody wants less than $3.5 trillion, tell us what you want to cut. do you want to cut the childcare, do you want to cut paid leave? >> reporter: some progressives have threatened to vote against another biden priority, the $1 trillion bipartisan infrastructure bill, without a deal on the larger plan. moderates like new jersey congressman josh gottheimer say there can't be any more delays. but do you think the progressives have gotten the upper hand in the process? >> when we vote thursday, i don't look at this frankly as anybody getting any upper hand. i think this is about the country. >> reporter: as for the government funding bill, senate republicans blocked it. lawmakers on both sides say they don't want a shutdown and could attempt another vote soon. norah. >> o'donnell: going to be a busy week, nikole killion, thank you. a shocking new statistic from the f.b.i., murders up since the bureau started keeping those records in 1960. we get more now from cbs' jeff pegues. >> reporter: it's been a year of brazen violence nationwide, 23 shot including three killed outside a nightclub in florida. a man opened fire at a convenience store in washington, and in philadelphia a shooter in a car fires on a group, six were shot, one died. >> like everyone i know in philadelphia, i'm outraged by this. >> reporter: over 400 people have been killed in philadelphia this year alone. >> what can we do to prevent the next murder by gun? >> reporter: the murder rates soared in 2020, up 30%, the largest increase ever. cities like memphis, milwaukee and des moines all set records. >> it's horrific. >> reporter: ronald serpas, the former police chief, says he is stunned. >> indiscriminate use of powerful weapons in crowds of people. >> reporter: experts blame the social and economic toll of the pandemic coupled with the spike in gun sales. three out of every four murders involved a gun. carl day is an activist and pastor in philadelphia. what's going on in the streets with all these homicides? >> what we really see now, man, is just, unfortunately, we had a perfect storm in a worst way. seeing young boys telling me their closest friends went from being in sports to having an excess of money and suddenly wanted to sell drugs or wanted to partake in violence or purchase weapons. >> reporter: late today in philadelphia, there was yet another homicide. a 22-year-old man shot five times. police are still looking for the suspect. norah. >> o'donnell: jeff pegues there in philadelphia, thank you. well, today, a federal judge approved the unconditional release of john hinckley, jr. remember he's the man who shot and wounded president ronald reagan and three others in 1981. he was found not guilty by reason of insanity and confined to a mental facility for decades. the judge said hinckley could be freed from all restrictions, that's as soon as next june. tonight instagram put on hold a plan for a version of its app meant for kids under 13. the company is facing new scrutiny after a report revealed it could be toxic for teenagers. here's cbs' carter evans. >> reporter: instagram says it needs more time with parents and experts before releasing a new version of the photo sharing app for kids 10-12 years old. it's a stunning reversal, but parent company facebook is already under fire from 44 attorneys general who urge the company to abandon the project, saying facebook has historically failed to protect the welfare of children. >> i still strongly believe it's the right thing to do. >> reporter: instagram head adam mosseri says the app is designed to keep kids safe. >> its better for parents to have the ability to supervise and control the experience. corpe docunts ed company ialti l showing facebook's own research indicated about a third of teen girls who already feel bad about their bodies say instagram makes them feel even worse. facebook released data confirming that, but also countered the majority of teenage girls who experience body image issues still reported instagram either made it better, or had no impact. they just put out one page of that slide show today. >> right. and that's not enough. >> reporter: psychology professor jean twenge says outside research shows social media can negatively impact kids' mental health. >> instagram really can't be fixed in a way that would make it safe for kids 12 and under. i mean, it's already not particularly safe for kids over 13. >> reporter: this thursday, facebook executives will get a grilling on capitol hill. carter evans, cbs news, los angeles. 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>> reporter: cruising san francisco's mission district in roberto hernandez's 1964 chevy lowrider is both a thrill... >> just for you, bro! >> reporter: and a journey through a civil rights struggle. and you were arrested for doing this? >> yeah, i was arrested 113 times. >> reporter: did that push you over the edge to file the lawsuit in federal court? >> yeah, and being brutally beaten on the street and inside the police station. i was done. >> reporter: young latinos drove flashy cars that road low, station. i was done. >> reporter: they drov hopped and danced on three wheels. >> low riding was labeled as bad boy behavior. we were stereotyped, how can they afford the cars, they must be selling drugs. >> reporter: hernandez won his lawsuit against san francisco's police. now 40 years later he's curated a museum exhibit. >> low riders are in music videos and tv and commercials. >> lo ridersy a >> reporter: forcing the police to back down is only a start. >> we have become role models for other people in the community. because we're human beings and we got heart, we got soul, we got spirits. >> reporter: once a symbol of bad boy behavior, now a celebration of latino culture. len ramirez, cbs news, san francisco. >> o'donnell: and we'll be right back. you don't become a runner, who breaks eight world records... after age 65, without a serious support system. kathy martin has one in medicare from blue cross blue shield. she won't go a day without the right card. because she can't go a day without running. the medicare coverage trusted by more doctors. this is the benefit of blue. find your local blue cross and blue shield plan at benefitofblue.com people everywhere living with type 2 diabetes find yare waking upe cross ato what's possiblen with rybelsus®. ♪ you are my sunshine ♪ ♪ my only sunshine... ♪ rybelsus® is a pill that lowers blood sugar in three ways. increases insulin when you need it... decreases sugar... and slows food. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. orstop rybelsus® andetrine nmedical help right away2, if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. wake up to what's possible with rybelsus®. ♪ please don't take my sunshine away ♪ you may pay as little as $10 per prescription. ask your healthcare provider about rybelsus® today. i don't just play someone brainy on tv - i'm an actual neuroscientist. and i love the science behind neuriva plus. unlike ordinary memory supplements, neuriva plus fuels six key indicators of brain performance. more brain performance? 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