A Navy Seal Instructor will likely face charges in the death of a seal candidate who drowned during a training drill. Today, the coroner ruled it a crime. Heres david martin. The Qualification Course for navy seals is notoriously stuff. But for 21yearold Derek Lovelace it proved fatal. And the San Diego County medical examiner, blames lovelaces drowning on his Navy Seal Instructors. It is our opinion that the actions and inactions of the instructors were excessive and directly contributed to the death, the report says. The manner of death is best classified as homicide. It happened two months ago during a swim drill in which lovelace who was not considered a strong swimmer and other students were required to tread water in fatigues and four security cameras recorded the drill. That video has not been publicly released, but according to the medical examiner, a seal instructor is seen to dunk lovelace under the water and then follow him around the pool for approximately five minutes. He continually splashes lovelace, dunks him at least one additional time. Both the report and Navy Officials say dunking is not permitted. The report continues, according to multiple witnesses, lovelace was struggling. His face was purple and his lips were blue. He was still breathing and mumbling when pulled from the water but lost consciousness and could not be revived. The report which has been provided to the Naval Criminal Investigative Service also found that lovelace had an enlarged heart. That may have been a contributing factor. But the cause of death was drowning and the manner of death homicide. The seal instructor who was dunking lovelace has been transferred to a desk job while the ncis completes its investigation. Described as personally devastated by what happened, he is expected to face charges. Maurice. David martin at the pentagon tonight. More u. S. Troops will remain in afghanistan than president obama originally planned. Nearly 10,000 are there now. That was due to drop by half. But with the taliban resurgence, the president said today he will leave behind a force of 8,400. Like the u. S. , britain has done a lot of soulsearching over its role in iraq war to. Day a British Government report placed a lot of blame on tony blar blair, the former Prime Minister. Here is mark phillips. Reporter it has been seven years since the bodies stopped coming home to britain from iraq. Since that time an inquiry has been trying to determine whether th cost in lives justified. The answer delivered bite inquirys chairman, sir john chilcot, it wasnt. There was no imminent threat from saddam hussein. Reporter at the center of the inquiry, the relationship, the bromance it was called between then president george bush and the british Prime Minister at the time, tony bl r blair. Both men were convinced saddam had stock piles of chemical and weapons of mass destruction and needed to be disarmed. The bush policy was regime change. War. Blairs public position was to push the u. S. To seek a u. N. Mandate before attacking. But a note from blair to bush, sent before the war and revealed bite inquiry seems to promise unconditional support. I will be with you whatever. It says. And he was. When u. N. Weapons inspectors went into iraq looking for wmd and couldnt find any the u. S. Attacked and the british, true to blairs private promise, did too. Blair has been villified since and was again today. He was also defiant. What i cannot do and will not do is say i believe we took the wrong decision. I believe, i believe, i made the right decision and that the world is better and safer as a result of it. Reporter not in baghdad, it isnt. As last weeks devastating bombing again showed. And, not for the families of british soldiers who died in iraq. As reg keys son did. My son didnt die in vain. Reporter george bush and tony blair are long gone from public life. For the families the grief and anger endures. And iraq, maurice, which under saddam was not a base for terror, now is. Mark phillips in london tonight. Thank you. In south africa today, a oscar pistorius, to six years in prison for murdering his girlfriend. Debra pata is in johannesburg. Reporter from olympian to man in jail for murder, it played out in a three year courtroom drama that transfixed the country. I did not fire at reeva. Reporter pistorius star sobbed and wretched his way through his testimony mainta maintaining he shot girlfriend Reeva Steenkamp by mistake believing her to be a burglar. Barry steenkamp wept as he told the court he suffered a stroke after the murder. Oscar has to pay for what he di. He has to pay for it. Reporter in a recent interview, pistorius invoked reevas spirit saying he believed she wouldnt want him to spend the rest of his life in jail. And his lawyers were at pains to portray pistorius as a frightened man, vulnerable ahead of his sentencing. Pistorius hobbled awkwardly around the courtroom on his stumps to pruft poi s ts to pro. It seemed to convince the judge who cut the 15 year jail term done to six. Reporter the defense had been hoping pistorius would get house arrest. But six years is still a very light sentence and one that could end up being no more than three years if pistorius released on early parole. Deborah patta in south africa tonight. Thank you. Coming up next, after dozens of fires, half a million hoverboards are being recalled. Toilet germs dont just stay in the toilet. Disinfect with lysol bathroom trigger. And lysol power foamer. They kill 99. 9 of germs. To clean and disinfect your bathroom. Lysol that. Thanks for tnorfolk around and i just wanted to say, served the military for over 75 years roger that. Captains waiting to give you a tour of the wisconsin now. Couldve parked a little bit closer. Its gonna be dark by the time i get there. Geico®. Proudly serving the military for over 75 years. sound of music histling introducing new ky touch gel creme. For massage and intimacy. Every touch, gently intensified. A little touch is all it takes. Ky touch. Plumping surface cells for a dramatic transformation. Without the need for fillers. Olay ageless. The hot gift last christmas had a nasty habit of getting too hot and catching fire. Today more than 500,000 hoverboards made by 10 companies were recalled. Kris van cleave has the details. Reporter it happened in an instant to delvon simmons. The wheels locked up. Next thing i was airborne. Next thing i know i seen sparks flying. Reporter his hoverboards battery failed sparking a fire and he is not alone. Consumer Product Safety Commission received at least 99 reports of the lithium ion battery packs that power hoverboards overheating, sparking, smoking, catching fire or exploding. Resulting in injuries and estimated 2 million in property damage. This hour fire in nashville put people at real risk. Hoverboards have been banned by some airlines, universities, and even the new york city subway. Jen olsens Company Bought 50 hoverboards as gifts for employees last christmas. Olsen is just learning of the recall. I hope it changes wait theyre manufactured. And it becomes safer for everybody to use. You know, because theyre a lot of fun to have. Reporter manufacturers swagway tells cbs news, safety is number one prior teecht it will replace the battery pack. The cpsc estimates 7,200 hoverboard related injuries, ended in emergency rooms, half fractures due to falling. Kris van cleave in washington. And well be right back. Pope francis met privately with the parents of a College Student from wisconsin murdered in rome. Beau solomons body was found in the tiber river days after he arrived for summer classes. In a first in this country surgeons in arizona today implanted a new type of stent to open clogged arteries made of a plasticlike material that gradually dissolves. The developer believes it can prevent blood clots which are linked to metal stents. In boston, somebody left a bag full of cash in buzzy mccauslands cab, 188,000. The driver turned into the money to the police who traced tight a homeless man who had just inherited it. The man thought the cabbie deserved a reward. He pulled one little 100 bill out, of course, one little one, he gave it to me. It pays to be honest. In the way we figure it our final story is from the book of genesis. The story of noah, turned into a 102 million theme park opening tomorrow in central kentucky. Mark strassmann is there. Reporter inside the Ark Encounter the greatest story ever told comes to life on four floors. Throngs of pilgrims, some arriving two by two, bear witness to noah, his family, and all those animals. Rachel cross brought her five children. To you this represents the truth, absolute truth, gods word is the bible, absolute truth. I totally believe that. Reporter this ark is rectangulad seven stories tall, almost two football fields long. Its dimensions straight from the pages of genesis. It is meant to make a statement that christians can build a major attraction. Reporter ken hamm built it so they would come, the 64yearold founder of a ministry called answers in genesis. Hamm is a young earth creationist, a christian who believes the world is 6,000 years old. Dinosaurs lived alongside people. And evolution is junk science. I think what this place will do for christians is to embolden many of them. Reporter is this a christians disney, or more than that . No, much more than that. Reporter but some critics see the ark as a celebration of ignorance. Others complain employees have to be christian and sign a statement of faith. And believe the arks 1 million in state tax incentives trampled the line between church and state. But a federal Court Allowed it. Critic jim helton l tristate free thinkers. Noahs ark is a church, a religious point of view that says science is fault. Reporter hamm hopes for 2 million visitors in the first year. Scoffers and critics be damned. They can scoff all they want. They can be critical all they want. You know what . I invite them all to come here. Reporter noah hunkered down for 40 days, 40 nights. Visit itting this ark will run you 40. Mark strassmann, cbs news, williamstown, kentucky. That they the overnight news for this thursday. For some of you the news continues. For others do check back with us a little later for the morning news and cbs this morning. From the Broadcast Center in new york city, im maurice dubois. Announcer this is the cbs overnight news. Welcome to the overnight news im michelle miller. Outraged republicans will grill the fbi director today after he said Hillary Clinton should not be charged for mishandling classified information on her private email servers. James comey will testify in front of the House Oversight committee. Comey is no stranger to facing controversial matters, and in the past he has taken on issues like wire tapping, encryption, and the use of police force. Heres paula reid. Reporter while not many were surprised by comeys decision tuesday. What did catch a lot of people offguard was the detailed explanation during that announcement. I am going to include more detail about our process than i ordinarily would. Reporter standing alen at comey explained why he is not recommending charges against Hillary Clinton. Our judgment is that no reasonable prosecutor would bring such a case. Reporter it was very unusual and unique that he also outlined the investigative findings that the fbi team made. I, james comey. Reporter comey served in the Bush Administration as Deputy Attorney general. President obama tapped him to runt fbi in 2013. I will support and defend the constitution of the united states. Reporter despite his bipartisan resume, comey is taking heat from republicans for tuesdays announcement including from the presumptive nominee. It turned out that we are not going to press charges it is really amazing. Reporter comey collected battle scars from both side of the aisle. He clashed with the Obama Administration on police use of force. Remember our Political Leadership has no tolerance for any of you being involved in the next viral video. General under bush, comey took on the Republican White House in a 2004 showdown over a package of top secret warrantless surveillance targeting foreign terrorists. He talked about the encounter during a 2014 interview on 60 minutes. Wasnt it your responsibility to support the president . No. My responsibility, i took an oath to support and defend the constitution of the united states. Reporter comey is not expected to be impacted by the political turmoil around the clinton email investigation. The degree of transparency that he offered will serve to insulate him or the fbi from criticism. Reporter attorney general Loretta Lynch has already said she will accept director comeys recommendation. Sources within the department of justice say they expect her to make good on the promise. The fbis findings contradict Hillary Clintons own statements about the email controversy. Clinton said he made a mistake by using a private server during r but for more than a year, she insisted there was nothing wrong with it. Here is jan crawford. So the Clinton Campaign is saying that email case, that is closed. But the fbi director is flat out rejecting many of the arguments she made as she tried to reap assure voters she did nothing wrong. There is no classified material. There was no transmission of any classified information. Reporter from the beginning Hillary Clinton has been adamant about what was not on her private server. The facts are pretty clear. I did not send nor receive anything that was classified at the time. Reporter but what is now clear is that according to the fbi, those actually werent the facts. 110 emails. Fbi director james comey said yesterday that more than 100 of clintons emails contained classified information. I never sent or received any classified material. They are retroactively classifying it. Reporter despite clintons claim to the contrary. Seven email chains concerned matters classified at top secret, special Access Program at the time they were sent and received. Reporter comey said clinton from the outset should have known better. None of the emails should have on any unclassified system. Reporter thats because despite clintons repeat add sure anss the private server was secure. It was on property, guarded by the secret service and there were no security breaches. Reporter comey setd server in her home in new york state was actually less secure than gmail. It is possible that hostile actors gained access to secretary clintons personal email account. Reporter then there was this often repeated clinton claim. I turned over everything that i could imagine. When in fact, comey missed quite a few. The fbi also discovered several thousand work related emails that were not among the group of 30,000 il by secretary clinton. Reporter clinton has the staunchly defended her use of the private, unsecure email server. On face the nation earlier this year she insisted it was absolutely permitted. It turned out to be a mistake. On the campaign trail, Presumptive Republican donald trump bashed clintons judgment also took aim at president obama. Heres major garrett. Reporter donald trump said the system is rigged to his mind the events of the last few days proved it in big bold letters from former president clintons tarmac meeting with the attorney general to the lack of criminal charges against Hillary Clinton for mishandling classified information. While this entire email saga for cli for trump is anticlinton catnip. Stupidity is not a reason you are innocent. Reporter donald trump warned clinton that dodging a felony indictment will not end the debate over National Security and her judgment. And this is where they said that she was e and frankly, i say, grossly incompa tent. Reporter trump mocked the version of bill clintons tarmac meeting with attorney general chretta lynch where the two atted for 30 minutes about grandchildren and golf. Isnt she beautiful. Isnt he beautiful. I would say that would take anywhere from 30 second to a minute. So givehe t grandchildren two minutes. Give the golf three and a half minutes. What else are we going to talk about . Lets talk about hillary. President obamas Campaign Trip hours after clinton was cleared, confirmed, trump said the fix was in. Hillary hillary reporter they take a pass. They announce theyre not going to press charges. Lo and behold, a few hours later, lets have a press conference. Lets do a spaeeech together. He should be home working on isis. Reporter trump strayed from the riff on clinton to hammer president obama on terrorism and to offer sideways praise to saddam hussein. Right . He was a bad guy. Really bad guy. But you know what he did well, he killed terrorists. He did that so good. Husseins regime, also killed 300,000 iraqis. Trumps comments made saddam, executed 20 years ago, a trending topic on triter. Trump pratz praised the iraqi dr but an unwelcome distraction. The cbs overnight news will be right back. Plumping surface cells for a dramatic transformation. Without the need for fillers. With olay, you age less. So you can be ageless. 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