exclusive. at the scene of a growing tragedy here in oakland. the first in-depth interview with the man who ran the warehouse, where dozens died in an inferno. hung in trial of a police officer seen on video fatally shooting an unarmed motorist in the back. dangerous hoax. inside the fake internet news story that led a gunman to open fire at a pizza shot. how a wild conspiracy theory spread, with help even from president-elect trump's national security adviser. a better night's sleep. news for millions plagued by tossing and turning. what people are doing at home to catch more zs without trips to the doctor.

104, returning to honor the fallen. how he's inspiring america. "nightly news" begins right now. this is "nbc nightly news" with lester holt. reporting tonight from oakland. good evening. there are so many reasons why the tragedy that happened here in oakland friday night shouldn't have. from the illegal living spaces to a make shift stairway electrical cords and stacks of flammable materials. by all accounts, it was a disaster waiting to happen. as we come on the air tonight, the number of bodies recovered as reached 36. authorities believe there will be more. the victims were here for a party in a warehouse known as the ghost ship. an art collective where the very things that made it avant-garde may have also made it a fiery death trap. now tonight, the man who ran the place is talking to nbc news.

coverage. >> good evening. firefighters had to stop recovery efrths because the walls of the warehouse threatened to collapse on them. this is now a criminal investigation. murder charges could be filed. firefighters are trying to recover bodies and also possibly preserve evidence. this is where the heartbreak began. buried underneath ash and rubble, bodies of at least 36 victims. solemnly removed from the warehouse where they died. >> i can't >> reporter: derek almena leased the warehouse. in his first sitdown interview, he tells us, his family was not there during the fire. he's spoken to investigators and has not been charged. >> do i take blame or responsibility for this? like -- >> reporter: his home, this warehouse, is where nearly a hundred gathered for a dance party when flames exploded. a building not permitted for residential use.

almena says their art collective, a group of tenants, covered the $5,000 a month rent. almena says he made repairs to the electrical system without permits, after he says, the landlord refused. >> we've done everything that we possibly could afford to do. >> reporter: known as the ghost ship, the building was cluttered with a maze of wooden furniture and art. cited multiple times. those who live he, roughly 25 people, tell us the warehouse had two access points. a main door and a make shift emergency exit. there were two sets of stairs. one made of wooden palettes. the fire began on the first floor. upstairs where the crowd listened to a deejay is where most of the victims were killed when the fire spread. >> it happened so fast. >> reporter: the blaze broke out next to carmen brito's room. the victims were young, creative and

brito remembers the faces of those who died. she survived the fire, but can't escape the grief. >> and i wish i could give a reason i'm alive when so many other people aren't, and i can't. i don't know. >> reporter: miguel almaguer, nbc news, oakland. >> reporter: this is stephanie gosk in oakland. as firefighters continue the grim search for remains, anger builds. how did this happen? who was responsible? documents obtained by nbc news, complaints against the property since 1999, including two as recently as last month. citing a ton of garbage piling up and an inlegal interior building structure. officials say they were looking into it. >> we had an inspector attempt to enter the building, and at that time, was not able to secure access to the building. >> reporter: the warehouse was not supposed to have residents, but it had dozens, including

>> reporter: nicki said there were rules. >> if your ideal situation is living in a warehouse versus living on the street, you're going to life in the warehouse. >> reporter: john darman is a retired san francisco fire captain, he says fire inspectors can get overwhelmed in a city like oakland, where real estate prices have risen. >> in a place like oakland, that's a big job. >> it's a huge job. the the inspection itself. >> reporter: records show she owns at least eight properties in the county. in a statement, the family says, we are also trying to figure out what's going on like everybody else. we're sorry to hear about the tragedy. our condolences go out to family and friends. the couple who ran the property say they're being unfairly blamed. >> a lot of people have turned their backs on us. most expressly, the landlord.

one. their concern tonight is that moving forward, efforts to prevent a tragedy like this one happening again could mean they find themselves out on the streets. lester? >> stephanie gosk tonight, thank you. let's turn now to the breaking news from charleston, where a judge has declared a mistrial in the case of officer michael slager. seen on video, fatally shooting an unarmed motorist, walter scott, in the back. it was a shooting that gripped the nation and tonight the jury was unable to reach unanimous verdict. nbc's gabe gutierrez has details. >> the court therefore must declare a mistrial in this case. >> reporter: after more than 23 hours of jury deliberations, tonight a mistrial in the murder case against former north charleston police officer, michael slager. >> there's no unanimous verdict, then we're back to square one, and that's where we are in this case. >> reporter: by this afternoon, their final note that the panel of 11 white people and one black man couldn't reach a unanimous decision. >> being that we did

verdict, it's a little disappointing. but the good thing is, that we have two more tries. >> reporter: the dramatic cell phone video shocked the nation, walter scott, shot in the back multiple times in april of 2015. during the month-long trial, slager told the court, he was in total fear for his life and shot scott in self-defense. slager said scott ran from a traffic stop and grabbed his stun gun during a struggle. >> i don't care how it looks. >> reporter: scott's family, who had already won a $6.5 million civil settlement from the city, says, this is only round one. >> we're firm, and we believe that at the end of the day officer slager is going to pay for what he did to walter scott. >> reporter: friday, a sign this was coming in an extremely rare move, a dissenting juror sent this letter to the judge. >> i still cannot, without a reasonable doubt, convict the defendant. >> reporter: in a follow-up note, the

>> that juror needs to leave, he's having issues. >> they're had a practice run, they've gotten a sense of what arguments might work, and they both come to the battlefield with that experience. >> reporter: slager's defense team declined to comment tonight, but local prosecutors say they'll retry this case and slager also faces a federal civil rights trial next year. lester? >> gabe gutierrez in charleston, thank you. now to the that's left a washington, d.c. neighborhood in fear. it started with a dangerous internet hoax that caused a gunman to open fire at a d.c. pizza shop. swept up in a conspiracy theory pushed on social media, even by a member of president-elect trump's inner circle. we get the latest from nbc's tom costello. >> reporter: under arrest in washington, 28-year-old edgar wells, accused of firing a weapon inside

investigate pizza-gate, an internet rumor alleging a clinton campaign child sex ring. >> these stories are completely is entirely false. >> reporter: the pizza-gate conspiracy began with a wikileaks and e-mail stolen from campaign john podesta about a fund-raiser involving the restaurant. users are the board for chan, known for rogue political discussion, suggested without any proof whatsoever that the word pizza was code for child sex restaurant. the conspiracy theory quickly spread to reddit and youtube, feeding fake online news stories, then jumping to facebook and twitter. eventually reddit banned the thread. both d.c. police and federal agents say the story is false. the website also claims there's a secret tunnel running up to the book store to traffic children. but the book store says, there is no tunnel.

have received dozens of threats each day. >> this is not a left-right thing, a democrat, republican thing. this is truth versus fiction. >> reporter: discredited rumors about sex trafficking, even spread by general michael flynn, who last month retweeted the link writing, must read. flynn's son, his chief of staff, had been pushing pizza-gate on twitter. neither man responded to our request for store owners met with d.c. police commanders has a fake news story has turned into something very really. to politics now, president-elect donald trump has announced he's nominating one-time rival ben carson for secretary of housing and urban development. meanwhile, nbc news has learned that the president-elect's controversial phone call with taiwan last week, was long in the works.

>> reporter: new signs tonight president-elect donald trump knew exactly what he was doing when he held a call with the leader of taiwan last friday, breaking decades of u.s.-china protocol. while top officials publicly insist the call was merely congratulatory. >> this was a moment of courtesy. >> reporter: a high level source familiar with the issue tells nbc news, mr. trump talked with top advisers about the possibility of establishing contact with taiwan for months. those talks intensified after elti john huntsman, a former ambassador to china, nou being eyed as a possible secretary of state, says, it's a smart move. >> you have a businessman who has become president of the united states, andr who understands real leverage and how to find real leverage in that relationship. >> reporter: for his part, mr. trump has tweet said, did china ask us if it was okay to devalue their currency? and as a candidate, he frequently took aim. >> we can't continue to allow china to rape our country.

the state-run newspaper writing, creating troubles for the china-u.s. relationship is creating troubles for the u.s. itself. china policy experts say, this is a shake-up. >> trump is trying to change china policy, and it is a major reset. he is challenging the assumptions that are decades old. >> reporter: but others warn the move is risky. >> it doesn't make sense to me, that donald trump should want to start his presidency with a serious crisis with china. i don't see where that gets us. ep the call with taiwan was likely no blunder. >> for donald trump, this is classic art of the deal. put china on warning, you better watch out, things are going to be different now. >> reporter: tonight trump officials are disputing reports that trump's team was exploring potential business dealings with taiwan. meanwhile, an interesting visitor here at trump tower today, former vice president al gore meeting with the president-elect to discuss climate change. lester?

extreme weather is pushing across the country tonight, a violent threat in the south has millions on alert, and in the north, folks are bracing for a winter blast. nbc's kevin tibbles has more. >> reporter: a wintery whitewash, from the specific to the plains, midwest, and northeast. >> i love snow. it's just, i don't like shoveling it. >> reporter: dangerous conditions. two deaths reported after a crash on a snowy michigan road. and temperatures are poised to plummet. up to 30 degrees below knocks thermometers down to the single digits. along the gulf coast, high winds, down trees, and flooding. >> we really were scared. >> reporter: near san antonio, texas, the saturated ground, contributing to a massive sink hole that took the life of a local sheriff's deputy. more severe weather on the way tonight. >> damaging winds and isolated tornadoes, the biggest threat, the storms will spread

severe storms tomorrow morning. >> reporter: winter's official start is still two weeks off, but for many, it's already here. kevin tibbles, nbc news, chicago. still ahead, fighting insomnia, the new way people are using their computers to find a better night's sleep without ever seeing the inside of a doctor's office. also, how would you like to skip the grocery line?

wh only new alka-seltzer plus free of artificial dyesf. and preservatives liquid gels delivers the powerful cold symptom relief you need without the unnecessary additives you don't. store manager: clean up, aisle 4.

with new developments for the treatment of insomnia. up to half of adults experience the symptoms and treatment can be both expensive and time-consuming. but a promising solution for many can now be found online in the comfort of your own home. nbc's kristen dahlgren has those details. >> reporter: for as long as she can remember, claire wolf smith had trouble falling asleep. >> i tried warm baths. i tried warm milk. i tried antihistamines. >> reporter: the answer, it turns out, was right at her fingertips. an online program called shut eye, one of many now available. users keep a daily sleep diary. the software uses that information to make custom suggestions. claire started by pushing back her bedtime to 1:00 a.m. to reflect how much she was actually sleeping. then she changed her behavior. >> i never, never take my phone in bed. i never take a tablet

i never thabeg a book in bed. >> and if she doesn't fall asleep in 15 minutes? >> never lie awake in bed trying to fall asleep. >> reporter: a story published in the journal of the american medical association found it works. researchers reported 70% of the customized program users saw improvement, versus 27% who used generic sleep tips. >> we have good interventions, we just need to make them available. >> repr: witter brand helped develop shut i, which costs $136 for six weeks. money well spent for claire wolf smith, now sleeping two more hours per night. a big difference. just ask her husband. >> so i'm less irritable? >> yeah. among other things. [ laughter ] >> reporter: a new tool that is putting insomnia to bed. kristen dahlgren, nbc news, new york.

protesters are still battling the elements, even the holidays should bring joy. so why are you still putting up with complicated cash back cards? some cards limit where you earn bonus cash back to places they choose... then they change those places every few months. quicksilver keeps it simple. with quicksilver you always earn unlimited 1.5% cash back on every purchase, everywhere. 'tis the season for simple. what's in your wallet? i love my shop, but my back pain was making it hard to sleep and open up on time. then i found aleve pm. the only one to combine a sleep aid plus the 12 hour pain relieving strength of aleve. now i'm back. aleve pm for a better am. why pause a spontaneous moment? cialis for daily use treats ed and the urinary symptoms of bph. tell your doctor about your medicines, and ask if your heart is healthy enough for sex.

as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have a sudden decrease or loss of hearing or vision, or an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis. you don't let anything keep you that's why you drink ensure. sidelined. with 9 grams of protein and 26 vitamins and minerals. for the strength and energy to get back to doing... ensure. always be you. the first person to survive alzheimer's disease is out there. and the alzheimer's association is going to make it happen by funding scientific breakthroughs, advancing public policy, and providing local support to those living with the disease and their caregivers.

a major announcement today from amazon that could eliminate a big headache for grocery shoppers -- the check-out line. the company unveiled amazon go. a brick and mortar store where customers scan a phone app, select items they want, and walk out. one store for amazon employees in seattle, but reports say the company plans to open some 2,000 stores eventually. in north dakota, protests continue over a controversial pipeline even after the federal government denied a permit to build on a native american reservation yesterday. demonstrators fear when president-elect trump gets into office, he might reverse the decision. nbc's tammy leitner has the latest. >> reporter: a new

hours after celebrating that the dakota access pipeline was denied a permit to build under the missouri river and along the standing rock sioux. >> we have a new administration coming in, anything done now could be undone in a month. >> reporter: thousands marched in blizzard conditions today as the company building the pipeline responded defiantly. saying it's fully committed to ensuring v without any additional rerouting. president-elect trump's team today reiterated their support for the project. at one point trump himself owned shares in the company building the pipeline. his spokesperson tells nbc news, he has sold those shares. >> reporter: despite the politics at play, people are still arriving to support the cause. >> we're not going anywhere. no one's going anywhere. >> reporter: tammy leitner, nbc news, cannon ball, north

an extraordinary journey with pearl harbor's oldest living survivor. "nbc nightly news" is brought to you by pacific life. helping generations of ? fifty years ago, humpback whales were nearly extinct. they rebounded because a decision was made to protect them. making the right decisions today for your long-term financial future can protect you and your family, ask a financial advisor how retirement and life insurance solutions from pacific life can help you plan for your future. with advil, you'll ask what bad knee? what throbbing head? advil makes pain a distant memory nothing works faster stronger or longer what pain? advil. it's the phillips' lady! anyone ever have occasional constipation,

help defend against those digestive issues. take phillips' colon health probiotic caps daily... ...with three types of good bacteria. 400 likes? wow! phillips. be good to your gut. for adults with advanced non-small cell lung cancer previously treated with platinum-based chemotherapy, including those with an abnormal alk or egfr gene who've tried an fda-approved targeted therapy, this is big. a chance to live longer opdivo demonstrated longer life and is the most prescribed immunotherapy for these patients. opdivo significantly increased the chance of living longer versus chemotherapy. opdivo works with your immune system. opdivo can cause your immune system to attack normal organs and tissues in your body and affect how they work. this may happen any time during or after treatment has ended, and may become serious and lead to death. see your doctor right away

diarrhea; severe stomach pain or tenderness; severe nausea or vomiting; extreme fatigue; constipation; excessive thirst or urine; swollen ankles; loss of appetite; rash; itching; headache; confusion; hallucinations; muscle or joint pain; flushing; or fever... as this may keep these problems from becoming more serious. these are not all the possible side effects of opdivo. tell your doctor about all your medical conditions, including immune system problems, or if you've had an organ transplant, or lung, breathing, or liver problems. a chance to live longer. see opdivotv.com for this and other indications. bristol-myers squibb thanks the patients, nurses, and physicians

every monday we like to end our broadcast with something inspiring. this week, as our country prepares to mark the 75th anniversary of the attack on pearl harbor, we're following the oldest known survivor of that day that will live in infamy as he makes a very emotional return. nbc's joe fryer has more on our latest "inspiring america" >> reporter: the word survivor seems fitting when describing ray chavez. an unlikely gym rat. >> you can run marathons in no time. >> reporter: who is defying his age. may i ask, how old are you now? >> 104. >> reporter: he first became a survivor that december morning in 1941. >> i can't forget it. i never will. >> reporter: chavez was in the navy, stationed at pearl harbor when the bombing started.

emotional that day. there were so many innocent people that were lost. >> reporter: chavez often returns to hawaii to honor those who died. >> tap and then over. >> reporter: but at 104, could he possibly be in any shape to make the long trip again? >> getting hawaiian shirts already? >> oh, yeah. >> reporter: the answer is yes. three years ago he started working out with trainer shaun when they say i'm too old to do this or that, i say, look at ray. that excuse doesn't fly anymore. >> reporter: with help from his gym and alaska airlines, chavez got a first class ticket for the six-hour trip. he arrived over the weekend, a welcome worthy of a hero. when you're 109, maybe you'll go -- >> oh, yes. >> welcome back, sir.

oldest known pearl harbor survivor, as devoted as ever to the country he served. joe fryer, nbc news. >> and that is going to do for us on this monday night. i'm lester holt. for all of us at nbc news, thank you for watching and goodnight. >> announcer: this is breaking news now from today's tmj4. >> the breaking news at 6:00, the wauwatosa police officer who shot and killed jay anderson will not face cna he was sleeping in his car in a wauwatosa park last june when he was approached by a police officer. >> the park had closed and officer joseph mensa was trying to figure out why he and his car were still there. anderson was in the car with a loaded handgun. he was also drunk and had marijuana in his system. >> the officer was working alone that night. this was the second time however in 11 months he shot and killed someone in the line of duty. >> 28 seconds recorded by a dash

evidence of what happened that night. the video is as grainy as it is graphic, but we see the officer fire on anderson at least six times. >> shannon: police just released this video to us, and we want to show it to you in its entirety but we want to warn you, it is disturbing as well as controversial. >> here is the 28 seconds in its entirety >> shannon: you just saw the police video. no audio was available for the video. and we learned that the officer would not be charged with jay anderson's death. >> we'll begin our coverage in