This morning, we begin with a deadly Movie Theater shooting in florida. The alleged gunman is a retired Tampa Police Detective who drew his gun during an argument over texting. Curtis reeves is due in court today. The cinebistro theater is located about a half hour north of tampa. Yesterday afternoon there were about 25 people inside for the showing of lone survivor. Witnesses say the previews were showing when an argument turned deadly. Voices started going up. There seems to be almost a confrontation. Somebody throws popcorn. Im not sure who threw the popcorn and then bang, a shot. Reporter police say 71yearold Curtis Reeves was upset because chad oulson would not stop texting. Reeves and his wife were sitting behind oulson and his wife. Reeves went to the manager and when he returned, the argument escalated. Thats when witnesses say reeves pulled his gun. Charles cummings and his son were sitting in the same row. He staggered two seats over and fell on my son and i. I asked if the guy was okay and he was in blood and he fell on my leg. He said, man, i cant believe i got shot. Reporter oulson told reeves he was texting his young daughter. Oulson put his hand over his wife and his daughter. His bullet hit his hand and chest. They just happened to be sitting next to each other. Reporter reeves made no effort to get away. An offduty sheriff grabbed the gun. The 43yearold chad oulson died at the hospital. To have a retired police officer, i dont know what he was thinking at the time, but i can tell you that anybody, you know, over a cell phone, over somebody texting, to take their life, its ridiculous. Now, reeves son is also a tampa police officer. Nicole oulson had taken the day off so she and her husband to go on a date. They put their 3yearold daughter in day care. Well, two california policemen have been acquitted of beating a homeless man to death. The fbi will investigate the death to see if further investigation is warranted. Six Police Officers were videotaped beating and jolting thomas with a stun began in 2011. Thomas was wellknown in california. Thomas suffered from schizophrenia. Thomas died five days after his arrest. Yesterday, his acquittal outraged his parents. All of us need to be very afraid now its Carte Blanche for Police Officers everywhere that can beat us, kill us, whatever they want. It has been proven right here today theyll get away with it. Theyll get away with it. It took jurors less than two days to reach a verdict. Police say thomas refused to obey their orders and was fighting. And new Jersey Governor Chris Christie is likely to have a larger than normal audience when he gives a state of the state address. The state legislature has expanded its investigation to include the possible abuse of power and now we are learning about what appears to be more hard knuckle politics practiced byes christy administration. Elaine quijano reports. Reporter the day after democrat steven fulop was elected mayor of jersey city he received a text from Chris Christies longtime adviser bill stepien. The main text from stepien read, congratulations on a tremendous job. He added let me know if we can help set up any meetings for you in trenton with the governors staff. Then about a month later, as state and local meetings were being scheduled, christies then deputy chief of staff emailed fulop saying, congratulations mayor elect. What an exciting time for you and the city. Were looking forward to working closely with you and your administration. By midjuly it seemed everything was a go. On july 12th, stepien wrote i know the governor is sending quite a contingent of his cabinet up to you on july 23rd but on july 18th, the same day when fulop decided he would not support the governors reelection bid, five meetings were canceled. On august 18th, after weeks of unsuccessfully trying to reschedule, the mayor wrote to Port Authority executive and christie appointee bill baroni. Not sure if its a coincidence that your office canceled a meeting several weeks back that seemed to be simultaneous with other political conversations elsewhere that were happening. Prior to that, you were always very responsive. And i sincerely hope the two issues are not related. Baroni, stepien and kelly all lost their jobs in the wake of the George Washington bridge scandal after they were accused of engaging in political payback against ft. Lees mayor for not endorsing governor christie. Jersey citys mayor believes he was targeted, too. Mayor fulop seems to have lots of problems with me and others. Theres going to be meetings back and forth canceled. Theres going to be public disagreements. But the fact of the matter is weve continued to work with jersey city over the course of time since hes been mayor. Governor christie has not been implicated in the bridge scandal. Elaine quijano, cbs news, new york. And the federal government is investigating an ad campaign to promote new jersey following Superstorm Sandy. 25 million of federal money paid for the ad. Governor christie and his family appeared in the ads as he was seeking reelection. A politically connected p. R. Firm produced the ad. They proposed using christie and charged 2 million more than another bidder. And we are learning more about who is signing up for insurance under the Affordable Care act. So far, enrollments of younger americans those needed to keep the premiums down are lagging. Susan mcginnis is in washington with more. Susan, good morning. Annemarie, good morning. These numbers show enrollments through the end of december, exactly halfway through the total Enrollment Period and theyre the first ones now broken down by age and gender. But what theyre showing is, the older crowd is the ones mostly signing up. Thats bad news for the white house that is why theres a big push to get the young people on board. Reporter the white house says more people are signing up for federal health insurance. 2. 2 million americans have enrolled under the Affordable Care act. But a deeper look at the numbers shows only about a quarter of them are age 18 to 34. The white house needs about 40 of that age group on board or premiums will rise for everyone. We think that more and more young people are going to sign up as time goes by. So were actually very pleased with the percentage that we have so far. Reporter critics pounced on the new numbers. House speaker John Boehners spokesman said theres no way to spin it, youth enrollment has been a bust so far. In austin, texas, 29yearold musician Andrew Collins has been procrastinating. I feel like people of my age, a lot of people would justify putting it off. Reporter but monday, collins went shopping for a health plan. Im going to get sick eventually. Im going to have to go to the emergency room eventually so i guess what im trying to do is find the most affordable way that i can manage that. Reporter collins and others like him are seeing a blitz of edgy ads popping up around the country like colorados got insurance ad pushing young people to sign up. Now, the white house is going to take a big push to get the young people signed up over the next three weeks. Including a National Youth enrollment day february 15th. Annemarie. Susan mcginnis in washington. Thank you, susan. The waters coming back for some families in west virginia. 45,000 people in the dharl charlton area are able to turn on their taps this morning. But more than 250,000 others still have no Running Water six days after a chemical spill. Schools will remain closed today. It could be days before everyone gets the allclear. Southwest airlines grounded two veteran pilots who landed at the wrong airport sunday. They mistakenly set down the boeing 737 in a small county airfield in missouri, instead of branson airport, about seven miles away. No one was hurt, but some of the 124 passengers on board say the jet stopped abruptly on a short runway. The runway maybe looks like three blocks long and thats it. And we were the only plane sitting out there. So its kind of hard to imagine that they didnt know it shouldnt have been there. Federal safety officials are investigating the mistake. The southwest jet took off monday and was put back into service. Coming up on the cbs morning news. Alex rodriguez makes his case against Major League Baseball. And motorcycle mob. A new individual of a rowdy video emerges not far from where an suv driver was attacked by bikers last year. This is the cbs morning news. Heart healthy. ] [ mm. ] great taste. [ tapping ] sounds good. Campbells healthy request. Mm mm good. ® an intense ache all over. It was hard to do what mattered. My doctor diagnosed it as fibromyalgia. Thought to be the result of overactive nerves that cause chronic, widespread pain. Lyrica is believed to calm these nerves. I learned lyrica can significantly relieve fibromyalgia pain. For some, as early as the first week of treatment. Now, i can do more with the ones i love. Lyrica is not for everyone. It may cause serious allergic reactions or suicidal thoughts or actions. Tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. Or swelling, trouble breathing, rash, hives, blisters, changes in eyesight including blurry vision, muscle pain with fever, or tired feeling. Common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. Dont drink alcohol while taking lyrica. Dont drive or use machinery until you know how lyrica affects you. Those who have had a drug or alcohol problem may be more likely to misuse lyrica. With less fibromyalgia pain, im feeling better with lyrica. Ask your doctor about lyrica today. And better is so easy withrning iyou cabenefiber. O somethingca. Better for yourself. Fiber thats tastefree, gritfree and dissolves completely. So you can feel free to add it to anything. And feel better about doing it. Better it with benefiber. More than a dozen riders on motorcycles and atvs took over a new york city street sunday. The group held up traffic in a busy section of upper manhattan. They spun out and pulled wheelies. A neighborhood resident posted a video online. The incident took place not far from where a group of bikers attacked a family and suv in september. Alex rodriguez filed suit monday against Major League Baseball and its players union. The new york yankees star wants to overturn his seasonlong suspension. As jim axelrod reports, an arbitrator ruled that arod broke the rules of the game. Reporter lawyers for Alex Rodriguez argue that Fred Horowitz, baseballs chief arbitrator who heard the case, was biased ruling in favor of baseball to keep his job. Joe tacopina is a rodriguez o co attorney. It doesnt take an investigation to understand that Fred Horowitz understood he ruled against them in this case he would be fired the next day. Reporter the arbitrator said it was clear and convincing evidence that rodriguez used three banned substances and twice obstructed the investigation. Horowitz wrote that while the length of suspension so is the misconduct he committed. Rodriguez went storming out of an arbitration session in november. I lost my mind. I think banged the table and kicked a briefcase. And slammed out of the room. And just i knew it was restricted. I knew it wasnt fair. But what we saw today was just it was disgusting. Reporter several labor lawyers tell us federal judges are reluctant to overturn arbitrators rulings unless there is a fundamental flaw in the process. We have something thats unique. Whats unique here . We could start with the number of games as a penalty. The 162 games is not supported anywhere in the j. D. Or the collective bargaining agreement. Theres no rhyme or reason to get to that number. And thats a fundamental issue here. But if the judge looks at the case and says, no, i think this was done in a fair way, youre done . Pretty much. I mean, thats where it seems like the line is to be drawn. Reporter one labor lawyer put the odds at 8020 against arod. But its certainly possible the right judge could say hold on i want to hear more and issue an injunction on enforcing the ruling until he or she does. Jim axelrod, cbs news, new york. Straight ahead, why football fans are being told theyre not allowed to buy tickets. And slicing up the pie. Pizza hut serves up something new. Details in moneywatch. Details on cbs moneywatch. N rn to help reduce the risk of another one. If youve had a heart attack, be sure to talk to your doctor before you begin an aspirin regimen. If youve had a heart attack, be sure to talk to your doctor i cthis year aloneore places offi hit new york. Ist. And texas see, hotwire checks the competitions rates every day. So they can guarantee their low hotel prices. Hotwire hotwire. Com starts with a good nights sleep in pampers. While ordinary diapers have only 2 layers, pampers has 3 absorbent layers, to stay up to 3 times drier. For bright tomorrows. Pampers. Purina dog chow light healthy is a deliciously tender and crunchy kibble blend. With 20 fewer calories than purina dog chow. Isnt it time you discovered the lighter side of dog chow. Purina dog chow light healthy. Yep. Doh. [ boy ] slurpably fun and a good source of calcium. Dads who get it, get gogurt. Heres a look at todays forecast in some cities around the country. Periods of rain in new york today. Miami will see afternoon thunderstorms. Chicago, expect snow. Dallas will be sunny and so will los angeles. And time now for a check of the national forecast. Winter weather advisories are in effect in the Northern Plains and upper midwest. Rain is likely for major east coast cities from d. C. To maine. Most of the west will be dry, though. But santa ana winds will keep the fire danger high across southern california. On the cbs moneywatch, google invests big in Smart Thermostats and pizza hut offers a new piece of the pie. Wendy gillette is at the New York Stock Exchange with that and more. Good morning, wendy. Good morning, annemarie. Here on wall street, the markets new year slump continues. Fueled by an Oil Price Decline and fueled by the feds industrial program. The dow jones finished 180 points lower. The nasdaq composite lost 61 points. Asian stocks tumbled as the yen hit a fourweek high against the dollar. Tokyos nikkei plummeted 3 hitting a onemonth although. Hong kongs hang seng lost 0. 5 . Google is paying 3. 2 million to buy nest labs. The Company Develops hightech devices like thermostats and smoke detectors. Google was an early investor in nest labs. Its thermostat learns how inhabitants like their homes and cooled and automatically adjust the temperature on its own. A japanese Beverage Company is buying the company that makes american whiskeys jim beam and makers mark. Bourbon whiskey typically sold in kentucky has been increasing. Exports grew 1 billion last year. And pizza hut is getting in the business of pizza by the slice business. They plan to open it in two locations. In york, nebraska and pawtucket, rhode island. A slice will cost between 2 and 3. Pizza hut is looking to court customers looking for quick and easy eats. It could be good to go. You notice theyre not starting here in new york. Stiff competition when it comes to slices here in new york. Exactly. Wendy gillette at the New York Stock Exchange. Thanks a lot, wendy. When we return, ticket tantrums. The home teams in this weeks nfl playoff matchups cause frustration to opposing fans by shutting them out of ticket sales. Ying new students. Start at devry. Edu. Apply by february 28th. Start at devry. Edu. And these Little Angels build in strength. And that little angel says, weeeeeeeee 60 more sheets than charmin. Everything you want and the value you love. Angel soft. Windy conditions creating a substantial danger of firesy firefighters say theyve ner seen anything like it. The search for a serial arst continues in san jose. How e community is banding togetho put him behind bars. And a bay area woman falls a cliff while on vacation. Led to the deadly accident. Join us for kpix 5 news this morning. Beginning at 4 3 good morning. Its tuesday, january 14. Im michelle griego. ,, heres a look at todays forecast in some cities around the country. Washington, d. C. , cloudy today with a high of 53. Atlanta will be sunny. So will st. Louis, but morning snow in denver. And fog in seattle. In sports, nfl conference championship game tickets went on sale on monday in seattle and denver, but some buyers were shut out because of where they live. As teri okita reports out of state fans are fuming over the stub number. 49ers fans derrick wineking and john trump are recruiting fans to help buy tickets. Tickets are around 400. Reporter the seahawks limited sales to fans with billing addresses in pacific northwest, idaho, alaska and hawaii. Im very sensitive as to why california is being excluded from that. Reporter its not just seattle, the Denver Broncos are limiting sales for their game in against the new England Patriots to fans in the Rocky Mountain region. Its an advantage for them to make sure there are only broncos fans in that stadium. Reporter and they want also the 12th man. Some niners fans are not happy about the restriction. I dont think it should be allowed but whatever advantage they could do they would. Reporter but some hawks fans say theres no love lost. Get over it. Stay in california. Reporter outoftown fans can get tickets from reseller websites but theyll have to pay more, anywhere from 450 to tens of thousands of dollars. Teri okita for cbs news, los angeles. For the first time in nearly 100 years, the chicago cubs have a mascot. The team unveiled drawings of clark the cub on monday. Hes named for the street on which Wrigley Field is located. The cubs had a live care mascot in 1916, eight years years after they won their most recent world series. This is the cbs morning news. [announcer] word is getting out. Purina dog chow light healthy is a deliciously tender and crunchy kibble blend. With 20 fewer calories than purina dog chow. Isnt it time you discovered the lighter side of dog chow. Purina dog chow light healthy. [ male announcer ] you say tomato. Old el paso says diced tomato stand n stuff chicken tacos. You say whats for dinner . Old el paso says start somewhere fresh. [ male announcer ] when you feel good, no one is immune. Emergenc has more vitamin c than 10 oranges plus other antioxidants and electrolytes to help you come down with a serious case of healthy. Emergenc. Making healthy contagious. Heres another look at this mornings top stories. In florida, a retired Police Captain is facing a murder charge. The 71yearold is accused of fatally shooting another man at a Movie Theater. Witnesses say he was upset the victim was texting during the previews. And new Jersey Governor Chris Christie delivers his state of the state address. The state investigation into the traffic jam scandal has grown into an abuse of power probe. He also faces a federal audit of millions of dollars in Superstorm Sandy spending. Off the coast of california, a whale on the brink of extinction has become a common sight. As carter evans reports, the gray whale is putting on a huge show for whale watchers. Reporter gray whales are both magazine jest majestic and mysterious. Typically this would be a rare sight but not this year. Its made for a fantastic show. Reporter bobby hedges is a whale watch naturalist. How would you compare what you see now to what you normally see . Five times better. Normally, theyre just few and far between this early in the season. Reporter from the shoreline, whale sensetakers have spotted more whales heading south than they have in 40 years more than 500 since the beginning of september. Were continuing to see big numbers. We saw 18 gray whales yesterday. Including two calves. I dont expect it to peak yet. I expect a peak in a week or so. Reporter alicia january janninger is from a group of volunteers who count whales migrating to mexico. Why do you think theyve come close to shore . It could have to do with current, temperature, it doesnt have to do with food because they dont feed on that. Reporter its not just gray whales. California is seeing more whales of every kind and its bringing out boat loads of amateur whale watchers who in some cases have gotten too close. Could the number chasing these whales impact their decision to take this route in the future . Absolutely. Particularly if youve got a young whale who is having a bad experience with boats is it going to want to choose that nearshore route potentially in the future. Reporter so far theres no evidence that the population is on the rise. When the migration is over next month, scientists hope to have a better understanding as to why these whales appear to have chosen the scenic route. Ca, los angeles. Well, coming up after your local news on cbs this morning, more on Alex Rodriguez suing Major League Baseball. Well get legal analysis from jack ford. Plus, the case of a genetic test that reveals shocking fertility fraud. And james dyson, the founder of dyson vacuums joins us in the studio. Thats the cbs morning news for this tuesday. Thanks for watching. Im annemarie green. Have a great day. Im annemarie green. Have a great day. ,,