plus, a discovery some scientists say could help end migraines. >> it's there in the nerve cells that gauge whether or not pain is being transmitted. >> shepard: it's not just headache sufferers who might benefit. tonight replevy in our dna. a deadly day on the campus of a major american university. swat tanks rolling down the streets of the university of texas at austin this afternoon after a 19-year-old student ran into the library with an ak 47 and started firing. it sent the whole campus into an immediate lock down. now we know he was a sophomore majoring in math and this is his picture. he's colton tooly. or he was. this picture from his driver's license taken last year, the witnesses from today say he was wearing a dark suit and a ski mask when he just began to shoot near a fountain and towards a church. cops say they chased him into the library where he eventually shot and killed himself. somehow nobody else got hurt. one student says she walked right into tooly while she was on her way to class. >> when he looked at us, i was like wow, my life is in his hands. you never know. he could have easily shot us. i mean since there was two of us, it wasn't worth it to him. i'm scared. >> shepard: investigators say there were no obvious signs that this guy was trouble and that they're still investigating why it all happened. they also say the campus lockdown went very smoothly because local police held a training exercise on exactly how to do it two weeks ago. the incident stirring up memories of one of the deadly school shootings in american history which happened on the same campus. the year was 1966, the gunman climbed u.t.'s school clock tower and spent an hour and a half shooting at people below. when it was all over, ten were dead, dozens hurt before police shot and killed him. now new developments in a very disturbing case out of connecticut. the prosecution and defense today rested in that sickening home invasion and murder trial. today a prison guard testified that he overheard this man, steven hayes, confess to another inmate. hayes is potentially facing the death penalty for his role in this crime. investigators say that back in 2007, he and an accomplice took an entire family of four hostage. we're told the suspect then tortured each and every, raped the mother and youngest daughter and set the house on fire, killing everyone but the father. laura ingle now live. >> the corrections officer talked about that confession that he overheard with steven hayes and in that confession, he told jurors that steven hayes when he he was talking to his inmate said he wasn't sure at first if he could go through with murdering the mother, jennifer. but he decided to go through with it when he looked outside and he saw the police cruisers just outside the window. that is more unbearable facts that were revealed in this case today which means that help was just a few feet away when all three females were alive before the mother was strangled and before that house was set on fire. >> shepard: that's the defense. both sides have rested. what now? >> there is going to be a hearing tomorrow just with the attorneys and with the judge. they're going to talk about what happens next, about charging the jury going over the facts of the case, closing arguments will happen on friday. then the case is expected to go to the jury on monday and as you see there on screen right, the next suspect will be tried next year after hayes, after this trial is over. >> shepard: laura ingle live, thanks. a lot of sons go into the family business, but things are a little different when dad is a dictator. today in north korea, the dear leader, kim jung-il, made his youngest son a four star general. kim the younger, we'll call him, aside from that, we know nothing about him. nobody has photographed him in public since he was eight years old. today he's maybe 26 years old. maybe 27. seems ages a secret. he has no experience doing a single thing that we know of, but he's now the leader of a nuclear nation's 1.2 million man army as its people go hungry. analysts say today's promotion is confirmation that kim the younger is on track to become north korea's next dictator. people in the capitol danced in the streets to mark the occasion. forced to dance or just decided to dance? we don't know. but successor talk is underway. he's actually been dictatorrized? again, we don't know that. the u.s. state department confirms it's watching the situation very closely because frankly, when a nuclear nation and people like this are involved, the fate of the whole planet could hang on what happens next. the fox sports chief correspondent jonathan hunt is here looking to find out something about this guy. >> nothing is ever certain when it comes to the weird world of kim jung-il, but it looks increasingly likely his son will take over as leader when his father dies. he was given two more influential positions today, being named vice chairman of the central military commission, and a member of the party's central committee. what will north korea look like under kim the younger? not a whole lot less crazy than it seems under kim the elder, according to experts we spoke to. >> he's just as chubby and ruthless as his dad. he's the one who got the dictator gene. >> when he takes over, you don't really see much change, he's a mini me dictator? >> he's a mini me dictator. >> beyond that, there seems to be very little we know about the young man apparently in his late 20s when may soon have his finger on north korea's nuclear button. >> we know he went to private school in switzerland until he was 15. he went there under a pseudonym, poising as the driver of the north korean embassy. reportedly he idolizes michael jordan and john clawed van damme. he's into roller blading, skateboarding, basketball, snowboarding, skiing. he likes good food, obviously, from the pictures we have seen of him. but the one thing, the really important thing about him is that he is not ready to take over from his dad. got to remember that the founder of north korea sent more than 20 years to take over. kim jung-il has spent two years to get his son ready. >> this planning could mean a power struggle. the son may have the backing of his father, but the elder kim has also put his sister in a powerful position as well as her husband. those two may decide when kim jung-il dies, that they would rather have all the power rather than advising from the shadows. >> it's going to be a free for all. and because assassination is a time honored method of dispute resolution in the regime, we can probably think this is going to be bloody. >> however the succession plays out, it does present an opportunity for the u.s. to at least try to remake its relationship with north korea. but that, too, will be a highly complex process involving the competing factions in north korea and the inevitable meddling by the chinese government. while chaos might mean opportunity, adding chaos to crazy in a nuclear armed country is not good for anyone. neither is a chubby roller blader dictator. >> shepard: i don't know if skateboarding makes you more qualified to do something. jonathan hunt live with us on north korea and whatever in the world is about to happen there. former president jimmy carter is in a cleveland hospital as fox reports. he complained of an upset stomach this afternoon and they took him right there. the carter center reports the 85-year-old plans to stay the night as a precautionary measure. we're told he got sick today on a flight from atlanta on a trip to promote his new book. the family members say he's resting and, quote, nobody in the family is concerned. president obama talked to him today. his spokesman says he feels great. just about an hour ago, we learned of the major development that affects embryonic stem cell research. details on what a judge has just decided and how it could affect what scientists are working on right now. you could be the safest driver in all the country, but that might not be enough to save your life if you're on the road with someone who is distracted. >> it's not just about texting or making calls. >> i was going to drive away. >> i put my make-up on in the car every morning. >> you have a hamburger in this hand. you have a soda in this hand. you have the cell phone here. and then you're trying to shift. >> a new study blows open the truth about the real dangers on the road. that's coming up. >> shepard: fox urgent now, government funding for stem cell research can continue, at least for now. that's a ruling that happened just a short time ago in a federal appeals court. last month the judge put the research on hold, calling it illegal because it destroys embryos. the white house is appealing. today the court ruled the studies can continue while it considers that appeal. a new report suggests americans are doing more multi tasking. unfortunately, they're doing it while they're behind the wheel. so says the highway loss data institute, a nonprofit group which gets its money from auto insurers. it reports while traffic safety regulators cracked down on cell phone use in cars, they've done little really to raise awareness about other forms of distracted driving, like eating or reading. they're also reports of drivers causing crashes while playing with their kitty cats or painting their nails. but tonight the federal government is disputing the report. now more from los angeles. the numbers show how big a problem the distractions have become. >> they do. the experts say it only takes a few seconds, you're fiddling with the radio or drink coffee, you lose focus and cause a crash. look at the numbers from last year alone, more than 5,400 people killed as a result of distracted driving. but the number on the right is interesting. only 18% of those involving cell phones, even though the report says most of the awareness campaign has been on cutting down on cell phone use. there are now 29 states, along with the district of columbia, that ban texting while driving. but the report says even after those laws were passed, the collision rates in those states went up in one -- and one of the reasons they believe is because now more people are actually using their cell phones below the dash where the cops can't see them, but then neither can you. >> shepard: it makes it harder. transportation secretary says don't believe all of this, or at least he doesn't agree with this assessment. >> yeah. the department of transportation says this study failed to mention that you are four times more likely to get into a car crash if you're using a hand held device and for the first time in four years, they say distracted driving fatalities have actually stopped rising. the transportation secretary ray la hood says this report is completely misleading and he adds, and i'm quoting here, all the reputable research we have says that tough laws, good enforcement and increased public awareness will help put a stop to the deadly epidemic of distracted driving on our roads. by the way, the dot says that overall, traffic fatalities are at the lowest level ever. >> shepard: trace, live in los angeles. amtrak announcing its plans for a high speed rail that could get folks from washington, d.c. to boston in just three hours. that's about half as long as it takes now if things are going right. right now about 12 million people a year ride these lines on amtrak's northeast corridor. it's the only profitable one. we're told the trains would run at a top speed of 150 miles an hour, which is still well shy of the 259 miles an hour record set in china. amtrak's president says the $117 billion plan would take about 30 years to happen and that the company is still working out how in the world it's going to pay for it. so everything that i said for the last 25 seconds, just grain of salt. flood waters in wisconsin. a state official reports now the levee is holding up, but that water is still seeping through the thing, flooding the only access road into a neighborhood near portage. water still surrounds a number of homes, keeping hundreds of residents away from the area. we'll have new updates as they come in through this hour. it took six months, but tonight the grand ole opry will start rocking again. and all star line - up, including brad paisley and keith urban will perform since floods wrecked nashville in may. nearly four feet of water covered the grand ole opry stage at the height of the flooding. but a month's long restoration project fixed the damage. last month country singers brad paisley and little jimmy dickens helped return the famous circle of wood from the opry's original home. a landslide possibly killing dozens of people while they slept in their beds in a rural town in southern mexico. a state governor in the area says 1,000 people may have been buried alive. hundreds of homes are now beneath the earth. we're told the side of a hill just gave way and fell right on to a community about 130 miles south and east of mexico city. authorities confirm at least seven people are dead. that's all they can confirm so far. check out this scene not far from where that happened. amateur video taken on cell phones. you can see the widespread flooding in that area. storms have dumped rain on the region now for days. in recent weeks, we've reported on how the floods in pakistan threatened to destabilize that nuclear armed nation. and possibly embolden the militants who could take advantage of the situation. but tonight there is word that disaster may be hurting their cause. details on that and it's decision time for the president's chief of staff. rahm emanuel, what's the word? you running for mayor of chicago or what? we'll know when and so will you, coming up. >> shepard: u.s. missile strikes on suspected terrorists hitting an all-time high. the latest taking out four militants in pakistan today. that's according to pakinstani officials. we're told it's the 21st attack this month by an unmanned predator drone. the highest number on record. on studio b, one expert told me why the strikes may be on the rise. >> what we're seeing is much, much better level of information intelligence coming from the ground in the north area. they're targeting almost all hostile elements. >> shepard: experts say the floods that devastated pakistan last month may actually be helping the u.s. target those hostile elements. who is on this target list, do we know? >> u.s. officials sometimes refer to this area along the border of pakistan and afghanistan as pakistan's witch's brew because of the groups seeking shelter there. among the groups being targeted are al-qaeda core, osama bin laden, afghan and pakistan taliban. this is the same group that trained faisal shahzad, who planted that car bomb in times square, but it eventually failed. as for the impact of the floods, what u.s. officials told me is that it may be having an impact in terms of limiting the ability of operatives to move, but they really believe that one of the reasons these targeting efforts have been effective is that they're getting better human intelligence from the ground. >> shepard: katherine, we keep hearing about this plot that leaders appear to believe is in the works against western countries. do we have any details? >> well, u.s. official told me tonight that there really has been an uptick in the chatter or communications among operatives and this has been especially so with europe as a target. tonight our sister network, sky news, is reporting that a plot targeting london and other major cities with a mumbai style attack, this is a commando style attack, using guns, explosives, and cell phones for coordination has been disrupted. i spoke to u.s. officials tonight and they were not willing to comment on these reports. one raised questions as to whether a plot would really have that kind of level of detail available to intelligence officials. meantime, what we saw in paris was another example of how that country is really on a heightened state of alert. for the second time in two weeks, that area around the eiffel tower was cleared because of a bomb threat. in the case of france, it's not only operatives that could be coming from the tribal areas of pakistan, but also a second threat stream and this comes from al-qaeda affiliate based in north africa called al-qaeda and the islamic, or aqim. this is one of the affiliates that u.s. officials are questioning whether it's a regional player or whether it's intend to go launch global operations because earlier this month, there was intelligence that said a woman headed to france to launch a suicide attack. >> shepard: lot going on on security front. thanks as always. >> you're welcome. >> shepard: california may have to delay its first execution in five years because the expiration date on a drug. a judge sentenced albert greenwood brown to death for the rape and murder of 15-year-old girl. just yesterday, governor arnold schwarzenegger delayed the execution from yesterday to thursday at 9:00 p.m. to consider a clemency request, but hours after a federal appeals court ordered the judge to reconsider the sentence because of the way he evaluated new procedures. now we get word that california's supply of the drug used in its lethal injection expires at midnight thursday night. if the delay -- if the legal issues delay the execution much farther, the court may have to postpone it until next year when the manufacturer has a fresh supply of this killer drug. iran unveiling new weapons of war today. the country now showing off its new squadrons of flying boats. not kidding. we'll check out iran's claims about what these things can actually do, plus grab a beer or pass the bong? as californians vote on whether to legalize marijuana, the alcohol industry is up in arms. but are they worried about public safety or competition from the weed? you decide. >> shepard: a battle over marijuana is brewing in california and it pits the state's enormous weed industry against the powerful beer distributors. for some reason they don't get along. here is what's happening. come november, folks in the golden state will cast ballots on prop 19 to legalize and then tax and regulate marijuana. but the state beer lobby is spending big bucks to fight it, arguing this is a safety issue. of course, pot supporters disagree and they say they want big beer to sit down and smoke a peace pipe. now more from san francisco. what's the problem? >> sheppard, it is the battle over the buzz and now we've got the bud versus the brew with california beer sellers donating $10,000 to the beat this measure framing it as a public safety issue. the california beer and beverage distributors and alcohol trade group, says if the ballot measure passes, employers would be prevented from drug testing their workers from marijuana. in a statement saying, quote, this would allow california beer distributors drivers to operate hundreds of big rig trucks and trailers on california highways every day, exposing the motoring public to potential harm. those favoring legalization argue getting high is far less dangerous than getting drunk. government figures show that in 2008, nearly 12,000 people were killed in dui accidents. while smoking pot may impair driving, the federal government doesn't keep stats on how many accidents were caused by stoned drivers. pro pot advocates say that's because the number is so small and suggests california beer sellers are really worried about protecting their turf. >> there is a history of alcohol companies putting money against propositions such as ours and frankly, it could be that they're concerned for the competition. >> while the beer distributors deny that is the case, several breweries, including sierra, nevada, are furious they've been linked to those owe foesed and demanded their name be removed from the