This morning, a commuter train hit a truck that was abandoned. No one was killed but 21 of the 58 people on the train were taken to the hospital. Tonight, four of them, including the engineer are in critical condition. Omar villafranca is at the scene. Reporter the explosion and flames lit up the sky after the metrolink train struck the truck just before dawn. Ould see three of by daylight, you could see three of the five of the 7. 5ton rail cars toppled over like toys. The truck driver, a 54yearold man from arizona, got stuck on the tracks and jumped out when he saw the train coming. He was found walking about two miles away from the crash. Was the driver under the influence of anything, according to your officers . He appeared to be very unsettled, and so the extent or the cause of that is actually yet to be determined. Reporter officials here say todays crash would have been much worse if not for new rail cars designed and purchased after a 2008 metrolink commuter crash which killed 25 people. The new Commuter Rail cars are built to direct the impact away from riders when the collision hits. Enhanced bumpers and coupler systems create a crumple zone where the energy is absorbed protecting the passengers and crew. Keith millhouse helped implement the new safety features. These are the safest rail cars and the most technologically advanced in the united states. And i believe they probably prevented more significant injuries today. The driver faces one count of felony hit and run with injury. Omar thanks very much. The man brought in to restore credibility today, the man brought in to restore credibility to the department of Veterans Affairs had some explaining of his own to do. Secretary Robert Mcdonald corrected a misstatement that he made last month on this broadcast about his own military record after the statement was questioned by several retired officers. This comes, of course, at a time of controversy around prominent journalists who have been accused of inflating their war records. Heres wyatt andrews. That was wrong, and i have no excuse. Reporter the secretary apologized for what was said during this encounter when he falsely told a homeless veteran in los angeles that he had served in the special forces. The comment was captured by cbs news last month for a segment on this broadcast. What unit . Special forces. Special forces. What years . I was in special forces. Reporter the fact that mcdonald was not in the special forces was first reported in the Huffington Post last night. The secretary explained that when he saw the veteran, he was attempting to find Common Ground but got it wrong. And so what i was trying to do is find a way to connect with that veteran, and as i said, i made a misstatement. I apologize for that. Reporter mcdonald, a west point graduate, was trained as an elite soldier. He was an 82nd airborne paratrooper who also completed Army Ranger Training but he never formally joined the special forces. He says hes never claimed to be special forces before. Last november, speaking to 60 minutes, mcdonald said this i never served in combat. It wasnt my choice. I tried to be in combat. I was in the 82nd airborne division. I was an army ranger, but we all feel inadequate because theres always someone else who has done something more. Reporter today, the question of why mcdonald misspoke rocked the veteran community. The american legion, the nations largest veterans group, expressed disappointment, but a lie is a lie, a statement said. National commander mark helm says to many veterans, mcdonalds false claim was upsetting. He would try even on a short notice like he did to say that word special forces. Reporter but other veterans groups, along with the president , accepted the secretarys apology, saying the job he is doing is more important. Mcdonald gets credit for several v. A. Reforms including, scott, his outreach to homeless veterans. Pelley he is in the middle of a major reorganization of the v. A. Wyatt andrews, in our Washington News room, wyatt, thank you. There will be no federal civil rights prosecution of George Zimmerman in the shooting death of trayvon martin. Zimmerman, youll recall, was acquitted of murder charges. Today, the department of justice said its dropping its case and Michelle Miller has more. Reporter the news was delivered to Trayvon Martins parents by prosecutors from the department of justice. The familys attorney, benjamin crump, was in the room. How did the family take the news . They were heartbroken, even though they expected that it was going to happen. It was just hard, actually hearing it and knowing that the killer of your unarmed child was never going to be held criminally liable. Reporter on february 26, 2012, George Zimmerman shot and killed the unarmed 17yearold after an altercation. The teen was walking home from a Convenience Store to his fathers home when zimmerman acting as a neighborhood watchman, confronted him. Zimmerman said he acted in self defense. In a statement, the Justice Department said there was insufficient evidence to prove zimmerman willfully caused Bodily Injury because of martins race or that zimmerman committed those acts in open defiance of the law. It is one of the highest standards of intent imposed by law. Our decision not to pursue federal charges does not condone the shooting and is based solely on the high legal standard. Brad brown is Vice President of miamidades branch of the n. A. A. C. P. In your mind, has there been justice in this case . I dont think theres been justice in this case at all. Now, that doesnt mean that the legal system didnt work as it is designed to work, but it doesnt always bring justice. Reporter Trayvon Martins parents havent decided if theyll sue George Zimmerman in civil court, but they say they will focus on his foundation to ensure his legacy remains alive. Scott, he would have turned 20 years old this month. Pelley Michelle Miller reporting for us tonight. Michelle, thanks. Tonight, the south is bracing for another onetwo punch freezing temperatures are expected overnight and snow tomorrow. 36 inches from texas to georgia and the carolinas. A driver was killed today in North Carolina when an s. U. V. Slid off an icy highway and into a tree. We have more tonight on a story that we broke last night about americans receiving medications that they didnt order, racking up millions of dollars in bills to their insurance companies. One of the companies we mentioned is downing labs, a Compounding Pharmacy that makes custom drugs. Well, tonight, jim axelrod tells us about an f. D. A. Inspection of downing, part of a National Investigation after tainted drugs from a different pharmacy called n. E. C. C. , killed more than 60 people. Reporter the f. D. A. s inspection of downing labs in july found sterility failures in 19 lots of drug products. Ashley downing is the coowner of downing labs. They asked you to recall your Sterile Products. Thats correct. Reporter and you decided what . No. Reporter why . Because we are compliant with every state guideline. We actually have a sterile compounding license with the state. And weve met all of their guidelines and with no problems. Reporter did any part of you think, given the n. E. C. C. Story, why dont we be safe here, and lets avoid even the appearance of a problem and recall all of our sterile product . We were confident in what we were shipping out. Reporter the downings may have been confident that no tainted drugs made it to patients, but the f. D. A. Was not. In september, the Agency Issued this press release warning consumers not to use downing labs Sterile Products as they may pose serious risk to patients. Pelley you know, jim, it raises the question why didnt the f. D. A. Force downing to recall those products . Reporter well, because oversight of the compounding pharmacies falls primarily to the states. The f. D. A. Told us compliance with their requests is actually voluntary, and that under current law, the f. D. A. Cannot require a company to recall drug products. However, the agency also told us, scott, they are actively investigating downing labs. Pelley did other compounding pharmacies that received that request recall their drugs . Reporter well, since that n. E. C. C. Tragedy, more than 50 compounders have voluntarily recalled products. The only pharmacy to refuse a formal f. D. A. Request, downing labs. Pelley fascinating, jim, thanks very much. We got word today that the Islamic Terrorist Group known as isis has kidnapped at least 70 christians in northern syria. Their fate is not known, but an isis affiliate beheaded another group of christians earlier this month. In the u. S. Led war against isis, there were 16 air strikes in syria overnight, mostly against vehicles in fighting position of isis which now occupies about a third of syria and iraq. There were five strikes in iraq, some around alassad, once a major u. S. Air base. The military says all american and allied aircraft returned safely. Testimony wrapped up today at the american sniper murder trial. Former marine Eddie Ray Routh has pleaded not guilty by reason of insanity in the shooting death of two men, including former Navy Seal Chris kyle, portrayed by Bradley Cooper in the blockbuster movie. Manuel bojorquez is covering the trial in stephenville, texas. Manuel. Reporter scott, the issue before jurors is not whether eddie routh killed two men. Its whether he knew what he did was wrong, and this afternoon in closing arguments, prosecutors say he did. They reminded jurors of a dash cam video which shows routh leading police on a highspeed chase after the killings two years ago. Prosecutors say he fled because he knew hed committed murder. His behavior sparked by a morning of drinking and smoking marijuana. But rouths attorneys say the veteran was battling p. T. S. D. And schizophrenia. They argue he was having a delusion when he thought kyle and his friend, chad littlefield, wanted to kill him at a shooting range and should be found not guilty by reason of insanity. Scott, the judge has asked jurors to begin their initial deliberations tonight. Pelley manuel, thanks very much. Today, in the biggest showdown yet with the new republicanled congress, president obama vetoed a bill to clear the Keystone Xl Oil pipeline between canada and texas. The president said hes still considering the environmental impact. The republicans do not appear to have the votes to override the veto, only the third in mr. Obamas presidency. Now, have a look at this. Police video shows a natural gas explosion today. Man. It leveled a home in stafford township, new jersey. 15 people were hurt, two critically. Some of the injured were gas Company Workers trying to locate the source of a leak. Six years after a deadly crash are tired pilots still putting the public in danger . Well have that story when the cbs evening news continues. Protect you from cancer . What if one push up could prevent Heart Disease . [man grunts] one wishful thinking, right . But there is one step you can take to help prevent another serious disease pneumococcal pneumonia. One dose of the prevnar 13® vaccine can help protect you. From pneumococcal pneumonia, an illness that can cause coughing, chest pain difficulty breathing and may even put you in the hospital. 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Reporter scott maurer lost his only daughter, lauren, when continental connection flight 3407 crashed into a buffalo home in 2009, killing 50 people. After pilot fatigue was cited as one of the causes, maurer and other victims families petitioned congress to establish safe flight hours for pilots. F. A. A. Rules and regulations, unfortunately, are typically written in blood, and 3407 was no different. Reporter in 2010, the federal Aviation Administration proposed new mandatory rest rules for all commercial pilots, but suddenly, in 2011, cargo pilots were excluded. Under the new rules, passenger pilots can only work nine hours if any of their flights are at night. But cargo pilots can work 16 hours. Bob travis flies for United Parcel service and is president of the pilots union. It doesnt make any sense. Its just dumb is what it is. And if we dont reverse this twotier level of safety tragedy is potentially looming. Reporter since 1990, there have been 14 u. S. Cargo plane crashes involving fatigue. A year and a half ago, u. P. S. Airlines flight 1354 crashed in birmingham, alabama. Both pilots were killed. The plane narrowly missed a neighborhood. Flight 1354s captain, cerea beal, told a colleague that his flight schedule was killing him. Werent those words enough to change the rules in this industry . No. Reporter no . Absolutely not. Reporter why not . Because thats just union talk and thats just conversational union talk. Reporter Steve Alterman is president of the Cargo Airline association which represents Companies Like u. P. S. , fedex and d. H. L. He argues the fatigue cited in the crash wasnt because of scheduling. He said its up to pilots to get enough rest in their off time. Fatigue is an issue. I never said it wasnt an issue. What ive said is that the current rules are adequate to manage that fatigue. Reporter cbs news has obtained documents showing that the decision to exclude cargo pilots from the new rest rules came from a white House Budget Agency which held meetings including one with the Cargo Airline association. The Cargo Carriers warned the rule would cost 7,000 jobs and nearly 14 billion. We do not want our pilots to fly fatigued. Thats unsafe. Reporter but youve also said that rest rules are not good for business, essentially right . No, ive never said that. Reporter could lose 7,000 jobs, 14 billion in economic activity. These are documents that were submitted. No, what we no reporter thats not true . No. What we said is we were asked what the cost would be. You cant really find anybody except industry, the companies that want to put profit before safety, that are saying this makes any sense. What would happen if a cargo plane, you know, went into an Office Building . Reporter six years after losing his daughter, scott maurer remains an advocate for rest rules for all pilots. My wife and i, we lost our daughter. Thats not going to change. How many more lives have to be lost before you do the right thing . Reporter representatives of the white House Budget Agency that made the decision to exclude cargo pilots would not go on camera, but in a statement told us that the decision was part of an interagency process. That statement did not go into detail about who was involved in that process. Scott, u. P. S. pilots union is suing the f. A. A. To change the rules. Pelley eyeopening story. Jeff pegues, thank you very much. A banker showed up at work with what looked like a bomb strapped to his body. Well have that story next. Be the one with the crazy laugh. And keep being their favorite playmate. With tenas unique super absorbent micro beads that lock in moisture and odor. Tena lets you be you. Janet . Cough if you can hear me. Dont even think about it. 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