shooter inside a washington high school. >> if they wouldn't have they definitely would be last. >> this is the "cbs morning news" for tuesday, april 28th, 20 people. captioning funded by cbs good morning, i'm alison harmelin in for anne-marie green. this morning baltimore is under a state of emergency. the national gad has been called in trying to find order in a night of disruption the night after freddie gray was buried. the violence spread from west to east gangs of rock-throwing protesters clashed with police and widespread looting. besides the national guard, the governor is requesting as many as 5,000 police from neighboring states. there have been dozens of raefs. beginning tonight a curfew takes effect and school was cancelled today. the violence of gray his death while in police custody is being investigated by city and federal officials. ed edward lawrence is in baltimore. edward good morning. >> reporter: good morning, alison. right now, maryland state troopers are guarding this intersection, this is where some protesters started rioting and actually looted and burned that cvs pharmacy this is an example of what happened all over the city. thousands of national guard members have taken position on the ground in baltimore where tensions begin to escalate after the death of freddie gray. hours after laid to rest on monday the city descends into chaos. many protesters many of them teenagers pelted officers with bricks and spray. the governor of maryland issued a state of emergency monday night. >> we had opposite ends of the city pulling us at the same time. >> reporter: close to 30 arrests were made. and more than a dozen officers were injured. as members of grey's family emerged to condemn the justice. >> don't do it like this here. >> reporter: a week-long curfew goes into effect tonight. >> what we see is anger, it's destruction of a community. the same community they say they care about they're destroying. >> reporter: gray died after a spinal injury after being taken into police custody. loretta lynch said the justice department will send officials into baltimore as it continues its own investigation into grey's death. and the reinforcements have arrived here in baltimore, taking positions around the city. so far, we have 15 officers injured in the riots, two of them pretty seriously. >> edward lawrence in baltimore, thank you, edward. coming up on "cbs this morning," we'll talk to the president of the naacp cornell brooks about the trouble in baltimore. this morning, the prime minister of nepal said the death toll from sunday's massive earthquake could reach 10,000. he describes his country as a war setting as he tries to help the victims. at least four americans were killed by the avalanche at the mt. everest base camp. officials say they're overwhelmed by the magnitude of the growing crisis. the destruction is so great, one official says it may be weeks before order is restored. foreign aid begins to arrive and the search for survivors continues. holly williams reports. >> reporter: in kathmandu, they worked frantically, digging through mountains of rubble with shovels, even their bare hands. this man was found alive after a search team tunneled through the wreckage to where he was trapped. the volunteer worker hopes they'll find other survivors, but know they may only discover more bodies. >> we don't have the proper tools for this. whatever we have we're just doing with our hands. if we can save somebody's life that's what we're looking for. >> reporter: now, the fear here is there may be many more dead and injured in remote villages that are still cut off from help. the quake struck just before midday on saturday. tens of thousands of people are still sleeping in makeshift camps, some of them now homeless. but others fearful that the aftershocks could bring more buildings down on top of them. nepal is grief stricken and still counting its dead. holly williams cbs news kathmandu. as reported four americans were killed during the quake. they were among 18 people who died when avalanche struck the mt. everest base camp. a good part of the camp is covered by snow, ice and rocks. one who escaped was american kent stewart. >> we just all ran out of the dining tent and looked around at all the mountains and saw avalanches coming from everywhere. almost immediately, they started bringing patients to our camp because we were the only camp that had tents that weren't destroyed. >> climbers have been evacuated but it's unclear how many were trapped on the mountain. and making matters worse the weather is expected to deteriorate. this morning, the supreme court takes up the constitutionally of same-sex marriage. it should be an historic moment for the gay community. same-sex marriage is the subject of a heated debate foryears. >> reporter: those proponents and opponents have been waiting in line outside the court since friday hoping for a ticket to hear what may turn out to be historic argument. >> if the supreme court dares to issue a roe versus wade of marriage we will not obey it. >> cases like this only come around once in a generation we're here to support not only the rights of lesbian gay, transgender people but also the chance. >> reporter: same-sex marriage is legal in all but 13 states. the court will decide if it should be the law of the land. cases before the court come in four states kentucky michigan ohio and tennessee. all four had their bans on gay marriage upheld. the justice will hear arguments on two questions, must state as allow same-sex couples to marry and must states recognize smith marriages performed elsewhere. >> it's like fundamentally altering the culture. >> reporter: tony perkins of the family research council say local proponent of gay marriage. >> we stand with mellenia of experience, that the union of man and women,acred marriage is the cornerstone of society. that's where kids learn to become citizens. >> reporter: where proponents push for same-sex marriage says it comes down to fairness. said one arguing the case the case is about is real people who care about each other. the first state to allow same-sex marriage was massachusetts in 2004. the case is so significant, justices have dedicated 2 1/2 hours for arguments. 90 minutes more than usual. a decision expected late june. >> don champion here in new york thank you, don. the trial of the accused movie theater murderer james holmes was heard monday. jurors heard two different portraits of his mental state during the mass shooting years ago. the mass shooting killed 12 and injured dozens more. >> reporter: james holmes sat calm and emotionless. during opening statements prosecutors played a 911 call. the prosecution is seeking the death penalty against holmes who is accused of killing 12 people and wounding 70 others at a atman" premiere. >> he tried to murder a theater full of people make himself feel better and because he thought it would increase his self-worth. >> reporter: the district attorney revealed the results of mental eevaluations performed by two doctors. >> both of them say the same thing that that guy was sane when he tried to murder all of those people in that theater back in july 2012. >> reporter: holmes pleaded not guilty by reason of insanity. his attorney said the 27-year-old had a psychotic episode and is schizophrenic. >>ly was nut in control of his actions. had he was not in control of what he perceived to be reality. >> reporter: holmes' lawyers say psychiatrists treated their client after his arrest for hearing as many as eight voices. and says holmes has a family history of mental illness. prosecutors must prove holmes' guilt and santi beyond a reasonable doubt. >> that's what the jurors have to consider is what was his mental state at the time. now whether he seems to present as a sane person now. >> reporter: the trial is expected to last last four months. omar villafranca. cbs news. coming up more testimony in the boston marathon bombing trial. and serious flooding to the south to the south parts of texas. and teacher takes on a school shooter. this is the "cbs morning news." the next i'm saying... i have this thing called psoriatic arthritis. i had some intense pain. it progressively got worse. my rheumatologist told me about enbrel. i'm surprised how quickly my symptoms have been managed. enbrel may lower your ability to fight infections. serious, sometimes fatal, events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders, and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common... ...or if you're prone to infections, have cuts or sores have had hepatitis b, have been treated for heart failure... ...or if you have persistent fever, bruising, bleeding, or paleness. don't start enbrel if you have an infection like the flu. get back to the things that matter most. ask your 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including his older brother's former mother-in-law. she testified about politics. she said her daughter katherine became isolated from their family after starting a relationship with tamerlan. defense attorneys want to convince jurors. >> reporter: he called the prison the better choice for everyone as he began the case to save the life of dzhokhar tsarnaev and send tsarnaev to prison. he says he goes here and he's forgotten. no more spotlight as the death penalty brings. his legal case will be over for did and no martyrdom. the defense team is trying to convince jurors that it was a radicalized tamarlan tsarnaev. the same jury that convicted tsarnaev now have to decide on his punishment. life or death. there is no point in trying to hurt him as he hurt because it can't be done rupp said there is no evening the scales. kris van cleave, boston. . straight ahead, dog chews that may make your puppy sick. and before air jordans, michael jordan wore these. we'll tell you how much someone paid for them. comfortable? trust vagisil. the number one wipe for itch. i was not aware of how much acidity was in my diet. i was so focused on making good food choices, i had no idea that it was damaging the enamel of my teeth. i wanted to fix it i wanted to fix it right away. my dentist recommended pronamel. he said that pronamel can make my teeth stronger that it was important, that that is something i could do each day to help protect the enamel of my teeth. pronamel is definitely helping me to lead the life that i want to live. here's a look at today's forecast in some cities around the country. on the "cbs moneywatch," a dog treat recall and michael jordan's large basketball sneakers fetch a big price. jill wagner at the new york stock exchange with that and more. good morning jill. >> good morning, alison.k>w' big time iphone apple sales. after the market closed yesterday, apple reported $58 first six months of the year. and $13 billion in software. apple sold 61 million iphones. overall stocks were lower yesterday. the dow fell 42 point it's. the s&p lost 8. and the nasdaq finished 31 points lower. espn is suing verizon. verizon has removed the sports network or unbundled it from its main programming lineup of fios tv allowing customers to buy a bare bones package without espn for that $55 a month. it can add more programming with espn for an additional cost. espn said this is a breach of contract. chipotle has removed gmo. it's become the first fast food restaurant to become gmo-free. mele bone is recalling one of its dog choose because of possible salmonella contamination. it was distributed through an online now facility. nylabone said it to be taken to the product. and michael jordan's sneakers worth $71,000. jordan autographed the sneakers and gave them to a ball boy. previously a pair of sneakers told for $104,000. alison. >> jill, you know i would never criticize expensive shoes but that seems extreme. thank you, jill. when we return a hero high school teacher. a teacher is being praised for his quick thinking after a teenage shooter opens fire in school. 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how do you slow down. it's very hard to understand when you explain it like there's no coasting. the best way to understand is to hop on one of the bikes and you're like, all right, now, i get it. >> one two, three, push the pedals -- you look forward to that. >> okay. >> you're good. you're good. resist your pedals. >> it is seen as being more risky in general by most racers. >> reporter: is that a part of being drawn to the race? >> yeah i think so you know? it's hard core. it's bad ass, it's all of those things, you know? and people like to be part of that, right? they're like oh yeah i did that. >> reporter: adrianna dioneanna diaz, cbs news. >> that was adriana diaz reprting. i'm alison harmelin. thanks for watching the "cbs morning news." if we don't get justice we're not going to calm down, period. this is not protesting. this is not your first amount right. this is just criminal act. >> the city of baltimore plummets into chaos after the man who was burried from a severe spinal injury while in police custody. >> rioters torched pharmacy, looted stores, set police carson fire, and through bricks at officers. at least 15 are hurt. >> this morning the family of freddie gray is speaking out. >> don't kill the whole city man just for