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They gave you a new trial. i said what? >> reporter: it didn't change the minds of dar's family. they remained convinced not only did tom kill dar, he did so on the day his son's tenth birthday celebration. you think tom is cold blooded enough to do something like that to his kid? >> yes. >> yes. >> i think there's evil in him. >> reporter: the prosecutor agreed. who killed dar foley? >> tom foley. there is nobody else. >> reporter: a year and a half after tom foley's conviction, both sides filed back into the courthouse to once again determine tom's fate. as before, the state opened its case ...

Bank there in dallas, texas. there you're seeing the location of it. that's the building we're looking at. outside, police as you might imagine, guarding the exits and entrances of this building which we're told is on lockdown and likely to affect a lot of people. an 18-storply building. the bank located inside, the united texas bank on merit drive. the report we have is that multiple people have been shot. we have no idea whether the gunman have escaped in this case, whether they're still inside. you're seeing kxas shopper and showing the outside of this building on what looks to be a rainy d...