comments@captioncolorado.com >> dubois: the prep school rape trial. the verdict is in. also tonight, erika hits the caribbean. it could soon be heading for florida. the tv news editor who saw what viewers did not. >> i said, "adam's dead." i saw a figure. i saw sparks, and i saw this coward shoot him pointblank. >> dubois: and steve hartman with burnell cotlon. he wantyou to know his new orleans is back in business. >> you could go anywhere but you came here. this is the "cbs evening news" with scott pelley. scott is on assignment. i'm maurice dubois. there is a verdict tonight in a case that has once again put a national spotlight on sexual assault on campus. former prep school student owen labrie was convicted of misdemeanor charges in the sex

assault of a 15-year-old girl just days before he graduated last year. but he was cleared of felony charges. anna werner is at the courthouse in concord, new hampshire. >> you say, madam foreperson, that the defendant, owen labrie, is guilty? >> yes. >> reporter: a stunned owen labrie began to cry as the first guilty verdict of read. as more followed, he sobbed and bent over the defense table. >> not guilty. >> reporter: the jury had acquitted him of more serious felony rape charges but found he did have sex with an underaged boarding school. the 16-year-old testified last week. >> reporter: labrie had denied it, saying the two had physical contact put he had stopped himself from going further. >> i thought to myself, you know, maybe we shouldn't do this. >> reporter: the trial sheds light on what some called a

secret culture of sex traditions at the elite prep school where upper classmen engaged in what they called the "senior salute," where they would meet up with younger female students, sometimes for sex. today the girl's family said the school had failed them, that st. paul's school allowed and fostered a toxic culture that left our daughter ands at risk. >> that was the issue. she said that he penetrated her. he said that he did not. so it tells her-- sends the message to everyone that they believe what she said. >> reporter: labrie's defense attorney saw it differently. >> what happened as a result of this trial is one teenager was found guilty of having consensual sex with another teenager. >> reporter: st. paul's school

today said this incident has deeply affected their community, and they plan to continue to teach core values like respect and caring. maurice, their former student labrie could be sentenced to prison time come october, and he will have to register as a sex offender. >> dubois: anna werner, thank you, tonight. the sheriff's office in franklin county, virginia, revealed today that the gunman fired 17 rounds in his attack on a tv news crew on wednesday. and the medical examiner's office said alison parker and adam ward died of gunshot wounds to the head and body. the shooting was seen on live television, but an editor at the station saw what viewers did not. here's jeff pegues. >> reporter: wdbj editor michael episcopo was working behind the scenes when the shots were fired. >> the camera didn't shut off, and i could see the video that was transmitting through adam's camera. >> reporter: episcopo saw

cameraman adam ward's watch. his hand was not moving. >> i said, "adam's dead." i-- saw a figure. i saw sparks, and i saw that blank. >> reporter: he heard morning show producer melissa ott in the control room, frantically trying to reach ward, her fiance. >> it quickly became, "honey, answer me. you have to answer me." >> reporter: then, she headed toward the edit room. >> and i said, "stop right there." she was walking towards me. and i had still had the picture blown up of just his watch ticking. >> reporter: episcopo had also frozen image of the man with the gun, a face he didn't recognize at first. so he asked the chief photographer to take a look. >> i think his exact words were, "that's a pretty big guy." you know, "you think that's bryce?" and he -- >> reporter: that was the

first name that came to his mind. >> yes. >> reporter: bryce williams was the on-air name of vester flanagan, their former coworker who had been fired. episcopo hand aid copy of the tape to investigators. >> when i knew adam was gone, because i saw it, and i-- i had to look at it over and over again because it was my job to-- to give a copy to police and give a copy to us and give a copy to our legal team. and i watched my friend die eight, nine times in a row. >> reporter: his golfing buddy adam and his friend alison who firework. >> that's what you remember. i'm not going to remember a down. no way. >> reporter: police caught up to flanagan about 200 miles away occurred. they told us today that they still don't know what his final plans were. maurice, as you know, there was gardner. she's improving.

she's in stable condition in the hospital. we were told today that she was awake, alert, and talking. >> dubois: jeff pegues at the roanoke tonight. thank you. tropical storm erika is lashing the dominican republic and haiti 50-mile-an-hour winds. the storm appears headed for florida. it has already triggered flooding and mudslides on the island of dominica. we spoke by phone with diedra robinson, a cbs news reporter and producer in the capital city of roseau. she tells us more than two dozen may have been killed. >> reporter: people's homes have been swept away by the rivers. people have lost their homes and properties and lives to the landslides and mudslides, and much of the island does not have power at all. most of the major road networks on the island are impacted. the airport, as i understand, has sustained damage to the tarmac and the buildings, so the

airport is closed until further notice. i don't think that the images that you're seeing adequately demonstrate the severity and the widespread nature of this disaster. diedra robinson, for cbs news, roseau, dominica. >> reporter: florida's governor rick scott declared a state of emergency for the entire state. david begnaud is in miami tonight. david. >> reporter: maurice, behind me, it may look like the calm before the storm, but people are preparing for what could be the worst. residents in the nearby town of sufferside are heeding the governor's warning to have three days of food and water on hand. people were also out buying plywood to board up windows. drivers in pembroke pines were in line for hours trying to fill up, while others were busy filling up sandbags. this could be the first major storm to hit south florida since

hurricane wilma in 2005. the governor is telling floridaians who may be feeling complacent right now this is a storm they need to take seriously. >> dubois: david begnaud in miami tonight. thank you. celeste wheeler is a meteorologist at our cbs station in miami, wfor. he's tracking the storm for us. craig, what's the latest? >> the latest is erika remains a disorganized tropical storm this evening. the center is the head of the thunderstormses and it's very lo porto sided. the future track takes it mainly over land the next couple of days. an overland crossing means erika will likely weaken. the forecast is for a tropical depression. it may come altogether apart. should it hold together it does have a possibility of strengthening gain gwen on sunday back to a tropical storm. after that, a slow track to the northup the peninsula. the main thing, this is not going to be as much of a wind event as it will be a rain event and a wet storm. here's the moisture forecast. comes with erika and sits over florida into early next week. maurice, while south florida is

in a drought, they don't want to end it with a flood. >> dubois: certainly not. thank you. former president george w. bush visited louisiana and mississippi today marking the tenth an vars of hurricane katrina. his administration was roundly criticized for a slow response to the disaster but he received a warm welcome at a charter school today in new orleans. mr. bush declared the crescent city is back better than ever. more than 1,000 were killed when the levees broact. back then tracy smith reported on families trying to escape the flood. she went back to see how they're doing 10 years later. >> reporter: michelle weeks premature. only kade survived. at just over a pound, he was clinging to life in a new orleans neonatal unit when the monster storm hit. >> windows are blown in and the tiles are moving, and people are getting lailgt nervous. >> reporter: as the waters rose, caid and 120 other babies had to be evacuated without

their parents. after the longest 48 hours of their lives, the langsfords were reunited, but like so many others in katrina's path, their world was shattered. >> everything we had, our jobs, nothing. we have nothing. >> reporter: now 10 years old, kade langsford is healthy and a pretty good basketball player. with insurance money and a loan, his parents built a new house north of town. has your family recovered from >> yes, yes. >> reporter: but many, like dollie owens, are still trying to find their footing. owens refused to leave her elderly and ailing parents in new orleans. when the hotel where they'd sought refuge flooded, we helped them get out. where are you going to go? >> we don't know. >> reporter: even now, owens wonders where she's headed. they talk so much about recovery and how much new orleans has recovered over these 10 years. >> yes. >> reporter: have you? >> no, i haven't.

>> reporter: why not? >> because, tracy, i'm still stuck. >> reporter: she lost her mother callie in 2007, her father solomon died in 2012. you can go back to new orleans? no there's nothing to go back to. >> reporter: she's renting a house in baton rouge. granddaughter jere, the baby in my lap 10 years ago, is now 11 and lives nearby. but despite all she's lost, dollly has kept her family together. >> through it all when i look at my children and my granddaughters they always give me the hope i will make it. >> reporter: and with them, she'll always be home. tracy smith, cbs news, new orleans, louisiana. >> dubois: overseas now, europe's migrant crisis is getting worse by the day as more people run from famine and fighting in the middle east and north africa. today, the u.n. said more than 300,000 have crossed the mediterranean this year in rickety boats. others traveled by land, but not

all of them make it. charlie d'agata reports 71 were found dead in austria. >> reporter: their journey and lives ended here in the back of a freezer truck on a highway in austria. they appeared to have suffocateed in the searing heat, investigators said. the backdoor was wider shut. there were dents on the side from people apparently trying to push their way out. police found travel documents suggesting at least some were refugees fleeing the fighting in syria. and among the dead, they found a young girl, not more than two years old. more than 2,000 miles away, off the coast of libya, another tragedy was unfolding. bodies upons washed ashore. some of the 200 people who were feared to have drowned when two overloaded boats capsized. while rescuers did all they could to asset lives of refugees trapped in the hold of a boat where dozens died from breathing in exhaust fumes. by land and by sea, they're

fleeing war and poverty, risking their lives in the hope of finding a better one in europe. the train station in budapest, hungary, is overflowing. it's where we found hazem alkadi, a syrian refugee members, including small children and a baby. >> reporter: his brother tells us he lost a leg to a barrel bomb, and they showed me the scars on three-year-old midhat from an air strike. they heard about the syrians that perished in back of that truck who left from here, just like they want to. and yet, it is still a chance they're willing to take. would you get in a truck? smuggle? >> reporter: you need to go. >> yeah. >> reporter: and now, like a

lot of people here, maurice, they're stuck here. they're not allowed to board a train out of hungary without the paperwork, and to get to germany, which is where they want to get to, they'll have no smuggler. >> dubois: charlie d'agata in boud deft tonight, thank you. do financial advisers work in your best interest or theirs? the government could soon be crack down on them. retiring. we'll show you the "air apparent" when cbs evening news continues. when something works, people stick with it. more people stick with humana medicare advantage. because we stick with them. humana medicare advantage. the plan people stick with.

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congratulations. you're down with crestor. yes! when diet and exercise aren't enough, adding crestor lowers bad cholesterol up to 55%. crestor is not for people with liver disease, or women who are nursing, pregnant, or may become pregnant. tell your doctor all medicines you take. call your doctor if you have muscle pain or weakness, feel unusually tired, have loss of appetite, upper belly pain, dark urine, or yellowing of skin or eyes. these could be signs of serious side effects. i'm down with crestor! make your move. ask your doctor about crestor. t'yen >> dubois: the federal reserve indicated today they could raise interest rates as soon as next month despite the turmoil on wall street. that helped send the dow 11 points lower today. the index is still up just over 1% for the week. investors count on financial advisers to help them ride out the market's ups and downs, but brokers don't always work in the best interest of their claepts. here's wyatt andrews.

>> i'm sorry. >> reporter: at 68 years old, ethyl sprouse says she's devastated after the loss of $400,000 from her retirement account. she blames her stockbroker who invested in high-risk stocks despite her order to play it safe. >> i felt like not only had i been betrayed by my broker. i had been betrayed by the system, the system they thought was there to protect me. >> reporter: to better protect retiree savings, the obama administration has proposed a new federal rule that sounds simple. it demands that any professional adviser handling a retirement account, a 401(k) or an ira, give advice in the best interests of that client. under the current rule, brokers can sell any investment deemed suitable but under that standard, fors say retirees lose $17 billion a year, thanks to hidden fees paid to stock brokes, or investments that make them, not the client, the most money.

>> this proposed rule is the most important thing. >> reporter: tom perez, the secretary of labor, calls the best interest standard crucial. >> that adviser needs to put putt your best interest ahead of their self-interest. >> reporter: but most of wall street and the insurance industry is pushing back hard with an ad campaign saying the rule will raise retirement costs for small businesses. >> they'll make it much harder for my employees to get information on our 401(k). >> reporter: the industry complains the new rule is not simple. as written, it's 34 pages long. peter schneider is the president of insurance giant primerica. >> we all agree we must act in a client's best interest. but it's so complex, so onerous, so costly, it's unworkable. >> reporter: with retirement accounts now a $12 trillion industry, wall street is fighting to keep the fee system that pays its brokers billions. but, maurice, the white house wants savers to keep more of that money and for all of those

fees to be disclosed. >> dubois: wyatt andrews in washington, thank you. there was big news today about this little panda.

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>> dubois: there was a memorial service near chicago today at the grave of emmett till. the 14-year-old was brutally murdered in mississippi 60 years ago today by two white men who accused him of whistling at a white woman. the case was a turning point in the civil rights movement. the goodyear blimp is sailing into the sunset. the last of the older model blimps will be retired next spring. they're being replaced with larger, faster aircraft that look similar but they're not technically blimps because they have light-weight frames. and it's a boy. today the national zoo revealed the gender of the surviving panda twin born last saturday. the smaller panda died oned with, but this one is healthy and waiting for a name.

katrina destroyed this neighborhood, but one resident is determined to bring it back

to life. >> >> dubois: we end tonight in new orleans' ninth ward, a decade after katrina, it is the heart of darkness and the home of a man who decided it was time to light a candle. here's steve hartman, "on the road." >> reporter: this part of the lower ninth ward was once a thriving neighborhood. there was a house right there, another there, and another there. but like the porch steps that now remain, the last 10 years have led nowhere. >> it's been 10 years, and that's just too long. >> reporter: but there is hope, and his name is burnell cotlon. >> i'm just an average guy with above-average dreams, and my dream was to make my neighborhood like the rest of

the city. >> reporter: burnell was the first to rebuild on his block, but about a year ago, he did something braver still. right in the center of this desolate landscape, he took an old apartment building, tore off the roof and hung a new shippingle "now open. of. >> what's going on, sir. >> reporter: this is the lower ninth ward market, the only business of any kind in the immediate neighborhood. >> there was nothing, nothing in the entire area. >> reporter: not even his mother, lillie, thought it was a smart idea. >> there was nobody around. this wasn't even a good street light out there. >> reporter: but burnell felt like he had no choice. >> the large box stores they're not coming back because there are not enough people and the people that want to come back say they're not coming back because there are no stores. what came first, the chicken or the egg? somebody has to do something. >> reporter: what did this cost you? >> it cost me everything. it cost me my entire life savings. >> reporter: burnells had saved $80,000, mostly from a

stipulate in the army. he may never make it back, but he still smiles like a rich man. >> i could have went anywhere, but you came here. >> reporter: in addition to the groceries, the market also serves as a gathering place. kids come after school. burnell's mom serves them snoweball treats. this place has become the heartbeat of the neighborhood, and for that reason, burnell says he has no regrets. in fact he wants to add a laundromat. maybe a skating rink. >> i'm going to keep on going. i'm not going to let nothing or nobody stop me. >> reporter: certainly if hell and high water didn't, he's not going to let a few weeds get in his way. >> i'm gonna do it. >> dubois: that is the cbs evening news for tonight. scott will be back on monday. i'm maurice dubois in new york. thanks for joining us and a good

nightgoodnight and w hey terry stop! they have a special! so, what did you guys think of the test drive? i love the jetta. but what about a deal? terry, stop! it's quite alright... you know what? we want to make a deal with you. we're twins, so could you give us two for the price of one? come on, give us a deal. look at how old i am. do you come here often? he works here, terry! you work here, right? yes... ok let's get to the point.