>> pelley: a judge has found there is enough evidence to charge a rookie cleveland cop with murder in the fatal shooting of a 12-year-old boy. also tonight, a break in the hunt for those escaped killers. police dogs lead searchers to a small town near the new york prison. we expose pharmacies charging tens of thousands of dollars for supplements that are worth a couple of hundred. and a tv star's real-life drama. >> i remember the barbed wire fences, sentry towers and the machine guns pointed at us. expwhrrchlt captioning sponsored by cbs this is the "cbs evening news" with scott pelley. >> pelley: today, a judge in cleveland said there is enough evidence to bring criminal charges against two police officers in the fatal shooting

of a young boy. the charges include murder. but whether the officers are actually charged will be up to a grand jury. dean reynolds tells us activists used an obscure state law to have the judge weigh in as a way to pressure the prosecutors for an indictment. >> reporter: the shooting took place seven months ago and captured on video. that's 12-year-old tamir rice waving what aye turned out to be a toy gun. a caller alerted police saying it might be fake. >> he's pointing it at everybody. >> reporter: but that was never transmitted to the two officers who responded and the boy was shot two second after they arrived. a municipal judge said both officers on the scene should be charged. timothy loehmann who opened fire with murder and partner frank garmback with negligent homicide. the officers are white rice was

black. community activists have been pushing for action and tried to force the issue tuesday. >> the ohio revised code allows for any person who believes a crime is being committed the legal option to make their case directly known to the courts. we've done just that. >> reporter: but the finding by judge ronald adrine is seen as largely symbolic, scott. it will not force the hand of prosecutor timothy mcginty who released the statement tonight saying the ultimate decision on charges is up to the grand jury, and always has been. >> pelley: dean reynolds with the breaking story tonight. dean, thank you. a significant new lead in the hunt of two convicted murderers who escaped over the weekend from a prison in upstate new york. the search shifted to an area close to the prison, the clinton correctional facility, and anna werner has the latest.

>> reporter: just five miles from where the two criminals escaped, police locked down an entire neighborhood after finding new clues. new york city trooper jennifer fleishman. >> we received a lead late yesterday and we're continuing to follow up on it. >> reporter: sources tell cbs news dogs picked up a scent of inmates richard matt and david sweat three miles east of the prison and in the woods police discovered food wrappers bedding and a foot pript believed to be from one of the two men. the lockdown made virtual prisoners out of the residents. >> i haven't left my house in five days since this all started. >> saranac resident thomas lasalle took this video of officers swarming the neighborhood. >> we had hundreds of officers post themselves every hundred feet up and down the road at 9:00 last night. >> reporter: the search left

morgan and father stranded in town. police wouldn't let anyone back in. >> we have the whole area cordoned off and we're unable to get to our house. >> reporter: investigators say what's helpable about the new discoveries is they now know convicts are on foot in tough terrain, but it's also difficult for police to search. >> there's trees, rocks, and we need to search underneath every rock and behind every tree until we locate these guys. >> reporter: is this frustrating for you? >> frustrating? it's frustrating we haven't caught these guys, yeah, absolutely. >> reporter: those law enforcement sources say the two men may be in the woods but their intelligence seems to indicate neither man particularly likes the outdoors. david sweat is also said to have been on pain medication for a back problem. scott, investigators hope those two factors will help slow the escapees down and make them easier to catch soon. >> pelley: anna werner, thank you, at the scene to have the

search. we have another remarkable story in our investigation of our some pharmacies are gouging america's healthcare system. in february we exposed a dallas pharmacy that was billing insurance companies nearly $13,000 for a single jar of custom scar cream. then we reported the u.s. military healthcare system is paying more than $300 million a month for custom preparations many doctors say are useless. tonight, jim axelrod is back with the breathtaking price being paid for a common supplement. >> reporter: when a cbs news employee was recently prescribed this nutritional supplement to boost his energy, he was astonished when he saw the claim the pharmacy submitted and his insurance approved. for a one month's supply $44,707. for the cost of a bmw convertible, he got 180 capsules

of powdered resveratrol a red antioxidant found in grapes found at any local nutrition store. two bottles of this contains roughly the same amount of the $44,000 prescription which raises the question why does the over-the-counter resveratrol cost just over $100. we wanted to ask the pharmacy who filled the prescription and submitted the claim in los angeles why theirs cost so much more. but they declined our request for an interview. last week, a cbs producer caught up with brian sutton. his family owns the pharmacy. >> we got a prescription build to us and it was $44,000 for resveratrol. can you tell me why? sir, can you tell me why? >> reporter: sutton wasn't

interested in answering our questions. so we asked dr. jeff blumberg, director of the antioxidants research laboratory at tufts university and a leading expert on nutritional supplements. >> it's not the cost of the ingredients, it's not the cost of formulating them, it's not the cost of shipping them to you. >> reporter: what do you think is going on here? >> for $44,000 a month for a dietary supplement? i can't imagine what it could be other than a scam. this is thousands of times more expensive than what you can buy it for anywhere else. >> reporter: in fact, you can buy it for thousands less at warner west, the very same pharmacy that filled the $44,000 prescription. wearing hidden cameras we asked their pharmacist about buying resveratrol without insurance and were quoted a very different price. >> one capsule twice daily we're looking at a hundred.

we can run it through your insurance and let you know. >> reporter: at that price the cbs employee's prescription would have cost about $600 out of pocket, more than 70 times less than the $44,000 claim approved by cvs care mark the prescription benefits manager for cbs news. we wanted to ask them why they'd ever pay that much for a non-fda-approved nutritional supplement but they refused to discuss on camera. you may wonder if this is illegal. no indication a law has been broken. a lawyer for the pharmacy say warner west submitted a government billing code and the insurance company arrived at h $4,000 based on the manufacturer's recommended price associated with the billing code. as we continue our reporting we'll look at how astronomical

prices are set and who's responsible. >> pelley: remarkable reporting with producer. jeff, thank you very much. today we learned the united states is considering building a series of new military bases in iraq so that u.s. forces can help the iraqi army take on i.s.i.s. the idea was revealed today by martin dempsey america's top general. he likened the bases to lilly pads from which american soldiers would train iraqi troops and in dempsey's words encourage the iraqi security forces forward. the iraqi army has cut and run repeatedly. for the last three years i.s.i.s. has launched major offenses during the holy month of ramadan, and ramadan starts, this year, next wednesday. an american volunteer who was killed fighting i.s.i.s. was honored in turkey today. hundreds lined the streets as a

convoy carried the body of keith broomfield, killed in syria fighting along allied kurdish forces, believed to be the first american volunteer to die in that war. nancy cordes tells us more. >> i went to my kids and, you know, i just cried with them about it. >> reporter: tom broomfield said his son's fate motivated him to travel to one to have the deadliest place tons the planet without any military training. >> he really felt led by the lord to go over there and not knowing what he should do or could do, but said i really feel i need to go there. >> i'm from the boston area. >> reporter: the 36-year-old slipped from turkey into the war zone four months ago going by the name gelhat roman. >> i'm here to do what i can to help kurdistan with everything going on, seems like the right thing to do. >> reporter: word of keith broomfield's death came first

from kurdish fighters who hailed him as a martyr on facebook and said he was killed while fighting i.s.i.s. militants near the syrian village of kobani. >> kobani put up a hell of a fight there, in a bit of a mess now. >> reporter: broomfield was one of six children, worked for family business called broom broomfield laboratories and suffered life long pain from a childhood motorcycle accident. he texted his family from abroad at first but they hadn't heard anything for months. andy broomfield said he's at peace with his brother's choice. >> he believed in opposing evil, which i believe, too. somebody needs to stand up and oppose evil. >> the state department says the u.s. government does not support american citizens traveling to the region to fight for either side. but it's estimated more than 400 foreigners are fighting alongside the kurds and a handful, like broomfield, are americans. >> pelley: nancy cordes reporting from the washington news rrm.

thank you. we have been talking in our news roomtoday about dramatic footage off the coast of alaska. the u.s. coast guard arrived just as a fishing boat with four crewmembers was going down. elaine quijano has the story. >> reporter: the distress call came in before 4:00 in the morning, a 73-foot fishing boat was taking in water. the ship was already half submerged when the coast guard helicopter arrived. the captain was still able to communicate by radio. >> what would you like us to do there? >> i think it would be easier if you could get your life jackets -- >> reporter: six-foot-high waves crashed against the boat and the captain voice concerned about a crewmember. >> i have one man who's pretty old and can't swim. >> reporter: the four men wearing survival suits abandoned ship and swam to

raft. coast guard rescue swimmer jayson yelvington helped the man as they were lifted by basket to safety. >> i was in the water about 20 minutes total and the boat sank as i was coming out of the water, a minute or two after we got the last person out of the raft. >> reporter: all four fishermenermen are in good condition. the coast guard will try to determine what exactly caused the boat to sink. >> coast guard courage elaine. thank you very much. the tiny almond is at the center of a fight for california's deploated water. and a female naught sets an endurance record when the "cbs evening news" continues. going too often, and the strong sudden need to go. ask your urologist if botox® can help calm your bladder and reduce your daily leakage episodes. the effects of botox® may spread hours to weeks after injection causing serious symptoms.

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investing half a million dollars drilling wells hoping to find more water. is your business sustainable? >> i would like to think that it is, but in reality it probably isn't. >> reporter: california almonds are a $6.5 billion industry, most profitable crop in the state but almond trees are also thirsty. a recent study shows it takes one gallon of water to grow one single almond. some people look at that and says that just sounds crazy. >> anything you grow will take a lot of water. it's as simple as that. >> reporter: almond farmers use 1 trillion gallons of water each year, five times more than los angeles and san francisco combined. >> my water has more value growing almonds for other people than tots water my lawn. >> reporter: dino giacomazzi is a fourth generation dairy farmer converting 35% of his land to almond trees despite the drought. he uses advanced irrigation systems so no water is wasted.

>> agriculture is getting a bad rap. we ear in a place for the first time in history why farmers have to explain to people why food and agriculture has value. >> reporter: for farmers money only grows on trees if the trees stay alive. ben tracy cbs news, newman, california. >> pelley: still ahead, we'll remember an actor who was born to play the villain. thousand three hundred eleven people in this city. and only one me. ♪ i'll take those odds. ♪ be unstoppable. the all-new 2015 ford edge. sunday dinners at my house... it's a full day for me, and i love it. but when i started having back pain

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>> three, two, one, zero -- all engines running. lift off! >> pelley: the voice of jack kingn i1969 announcing the launch of apollo 11 to the moon. he was is voice of all the apollo moon and other flights. he died in florida today, he was 84. a soyuz brought three separation crew members back today among them american terry virts and italian asnaut samantha cristoforetti who set the reported for longest space flight by a woman 200 days. british actor christopher lee died. he was in more than 200 movies, often playing the villain. lee played classic movie monsters -- dracula the mummy frankenstein.

he was a "star wars" scoundrel and a james bond bad guy. >> i could have shut you down when you landed. >> born in london, lee served in the british military during world war ii. at 6'5", he was told he was too tall to act but his aristocratic demeanor and shakespearean voice made him one to have the best actors of his generation. lee's success came later in his career starring in blockbusters lord of the rings and hobbit trilogies. he was knighted in 2009. before it was too late. >> pelley: sir christopher lee was 93. another well-known actor opens up about a little-known story from his past, next.

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>> pelley: we first got to know actor george takei on star trek. now in a broadway play this fall, he will tell a true and very personal story from america's not so distant past. hear's anthony mason. >> 5978 years old i'm making my broadway debut. i am a debutante. >> reporter: how does that feel? >> it feels glorious. i wish my father were hear to see his surname up there on that marquee. it's his story that's being told. (singing) >> reporter: allegiance tells

the story of the more than 100,000 japanese americans imprisoned in camps after pearl harbor. >> i remember the barbed wire fences, the sentry towers with machine guns pointed at us. >> takei's parents and four children would spend years in the camps. even after his release from the war. >> my teacher continued to refer to me as the jap boy. >> reporter: he became to be known by another name. >> thank you mr. sulu. steady she goes, captain. >> reporter: starring in the '60s tv series star trek and movie sequels. in his '70s he's suddenly become a social media superstar with nearly 10 million followers. >> my social media base was essentially sci-fi geeks and in other words from star trek. so i had to grow that. i discovered that humor got the most likes and shares. >> reporter: you found a

platform. >> yes, i did. >> reporter: he used it to raise money after the earthquake in japan in 2011 and to speak out for gay rights. (singing) you've described this musical as your legacy. that's how much it means to you. >> it does. it's been my mission in life to have americans understand the story because it's an american story. >> reporter: it's his story too. >> i have endured, and here we are. it's a real fulfilling experience. >> reporter: anthony mason cbs news new york. >> pelley: and that's the "cbs evening news" for tonight. for all of us at cbs news all around the world goodnight. captioning sponsored by cbs captioned by me

a teen dies after a night out at the dc drug. what lead her to her death. the terrorist group is reaching more children in the united states and right here at home. i'm surae chinn that story is coming up. the reason metro will start single tracking trains. and is she pregnant? let the next round of panda watching begin. good evening i'm lesli foster. >> i'm derek mcginty. well as promised the heat has arrived like the unwanted relative it will stick around for a while. >> oh no and a while and technically it's not summer yet. but topper shutt is tracking the very summer like temperatures. >> reporter: we're outside as long as you don't move you're okay. it's probably a little more comfortable looking at the prolong