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Her defense attorneys say she wasn't drunk. which was it? >> well, we just don't know yet, brooke, because the toxicology has yet to come back from the crime lab. i understand they've asked for it to be expedited. so that is probably a large part of the reason that prosecutors are going to wait a few more weeks to decide what formal charges they're going with. now, to sunny's point if i might mention this, i agree with her. this is a much more sinister allegation now that there was some purposefulness behind this act. and the upgrading to murder charges is surprising to me. i was expecting som...

Researchers are questioning if any surgery is even necessary when the cancer is detected so early. a texas mother is arrested for dui, it turns out she wasn't drunk at all. police say veteran julie cunningham was arrested. tests showed she had no alcohol in her system. it turns out she had a noncancerous tumor in her rain. she under went surgery and is recovering. two women are about to make history. today, they become the first females to graduate from the army's elite and exhausting rangers school. jonathan seary is live with us here with the details. big day for him. >> huge day for the...

I wasn't drunk, but i drunk the night before. i had to do a breathalyzer test and it came up hot. and here i am, trying it again. the mistake i made last time was because i drink. so even when i get off parole, i'm not going to drink because it can become an issue, and i don't want it to be an issue in my life. >> pet cat stevens. >> roy's pet cat isn't the only thing he has to keep his mind off alcohol, he also loves his job. >> day to day, i get up and go to work every day. i cut iron and weld sometimes. and it's great. life can't be no better, just couldn't be. karma. the karma train is the...

It seems excessive. >> they also say he wasn't drunk. martese johnson says he wasn't drunk. probably was drinking but not officially drunk. trying to get into the bar there. does that justify the pounding that he seemed to be taking there, the stitches? >> no. >> thanks so much for being here. we were checking our brackets march madness is living up to its billing on opening day of the ncaa tournament. madness reigned, huge bracket busters, five games decided by just a single point. all the drama and upsets after this.

Hands behind their back the officers now are legally able to use whatever force is necessary to make happen. if it's not going to happen by their vocal commands they're going to have to use some level of physical force. if the person fights with them they'll have to take it to another level. >> he says he wasn't drunk. that does contradict the police report. that's a direct contradiction. but if he wasn't tested for alcohol, we're never going to know. and that seems pretty relevant in this case. does that put more of the burden on police here? >> the police will have to articulate why they arr...