this winter, your "new day" starts right now. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. good morning. welcome to "new day." it is wednesday, december 18th, 6:00 in the east. and let us start with good luck. >> yes, please. >> two people are holding tickets that match the winning numbers in the $636 million mega millions drawing. now, you may not have won the whole enchilada but there are riches to be had. scramble for your tickets, 8, 14, 17, 20 and 39 with the mega ball number of 7. one ticket was sold in california. the other in georgia. we have correspondents standing by in both locations. let's start with dan simon at jenny's gift shop in san jose. >> good morning, chris. we're waiting to see if this

mystery winner will come forward. california lottery officials confirm one of the winning tickets was sold here at jenny's gift shop in san jose, california. this in itself is a pretty compelling story. the store own eer is a 37 vietnamese guy with three kids and he just bought the store. >> the lottery called me. i come and take a look. you know? everybody here. whoa! it will be a good one tonight! >> reporter: well, lottery officials planning to have a celebration here today. they'll be putting up some special banners, a little bit later this morning. we'll send it back to kate. >> dan, thanks so much. if anyone looks completely surprised, shocked or elated, run back to the camera. let's continue the celebration. let's go to martin savage, he's

a at newsstand in atlanta where the other winner was sold. >> reporter: the 22nd time parentally proves to be the charm when it comes to the mega millions and that newsstand we're talking about is called gateway, located in this suburb which is just to the north of atlanta. and it's way back in that office complex, which due to privacy issues and rights of ownership, we're not alloweded to show you at this particular point. here's the thing to be made, at least from the initial idea of what or who may have bought the winning ticket. since it is in a big office complex, many people are saying it could be an office pool, could be a lot of people that won. then there's the other thing you should point out, buckhead, this community is about as tony as communities come. there is a lot of money up here. if a lottery winner is from here, they could go to cardier down the street or tiffany's and

versace. this is a very wealthy area. everybody is waiting to find out who or how many in this state are now millionty millionaires. kate? >> all right, martin. can't wait to see. thanks so much. let's go from the best of luck to the worst of fate. it's still not clear why a gunman walked into a medical building in reno, nevada tuesday and opened fire. the suspect shot three people before killing himself. one of the victims is dead, two others are in critical condition this morning. all police will say is the obvious. this was in the a random act. mikel marquez is live in reno this morning. what do we know? >> reporter: just another horrible shooting here. just after 2:00 p.m. a gunman walked into the urology waiting room here, telling people to get out. they did. he went back to the area where the doctors and nurses were, says one witness, that's where he opened fire. among those injured and killed were people in surgery, one of them a doctor.

yet another shooting, this time a state-of-the-art medical center targeted. one person killed, two more injured before the shooter took his own life. >> he had a lone suspect enter the medical facility here with at least one firearm. >> reporter: the shooting contained to the third floor of reno's renowned medical center in its neurology office, a male gunman opened fire, killing one person. the shooting in a building next to the main hospital campus. inside this walkway between the two, workers told to stay put, the entire complex on lockdown. an all too familiar scenario. this video shot while s.w.a.t. teams secured the building room by room. >> stay in this room. >> reporter: a systematic search by police. >> on the third floor of the building they located two people down. and they located a couple of injuries. >> reporter: amazingly, operations at the medical center resumed within an hour of police clearing it.

given this was on the third floor of this building, one of the buildings on this sprawling campus, police response was incredibly fast. about five minutes. by the time they got there, the damage was done, the shooter was dead. we expect more information 10:00 local, 1:00 p.m. eastern. i'm sure we'll bring that to you live. now to massachusetts. the panic was allegedly sparked, get this, by a student trying to avoid a final exam. 21-year-old eldo kimm is in court today. >> reporter: you're probably thinking how fast did this happen, this arrest? the affidavit is amazeding, articulate with so many facts. this sophomore at harvard decided he didn't want to take an exam. at 8:30 in the morning he called in a bomb threat. the subject line says bombs placed around campus.

shrapnel bombs placed in the science center, sever hall, emerson hall, thayer hall, 2/4. guess correctly. be quick for they will go off soon. this went to the president of the crimson record and two random people. he said that he went to the hall where his exam was to be at 9:00. they tell everyone to evacuate after the fire alarm had gone off. he knew his plot worked. here's what didn't work. he got a temporary e-mail address, a temporary ip address, sent this out, thinking he's going to be anonymous but the police department saw that he dug a harvard wireless network had been used by a tune to the access a temporary e-mail and ip address. that's how they traced him, went to his apartment, he was read his rights, miranda rights and

he said i did it and i did it alone. >> it sounds like it took some planning. they believe the motive was to avoid a final exam? >> that's what they're saying in the affidavit. now he is facing federal charges, prison time, maximum five years. his initial appearance in court will be today. we'll be read his rights, a very constitutionally based hearing. but it's the beginning of a lot of trouble for him. >> sounds like a plot straight out of a movie. i think we can all agree, taking a final exam and failing it is much better than what he put people through and what he's about to face. >> jean, thank you. >> thank you. overnight, nato forces came under attack in eastern afghanistan. a spokeswoman says three militants were killed in the firefight. no reports of casualties.

the pentagon is investigating whether six american troops killed tuesday in afghanistan died when their helicopter crashed or from enemy fire afterward. one person survived that incident. we're learning more now about the colorado school shooter's plan of attack. carl pierson had written five school locations that he was targeting on his arm along with a latin phrase that means "the die has been cast." shooting victim claire davis remains in a coma after being shot in the head. her father said she's not doing well and has asked the commune to the pray for her. it looks like congress has finally figured out how to pass a budget without shutting down the government. the senate is poised to give approval to a two-year bipartisan spending plan today. president obama says he will sign it. to central california now. a race to save big sur's homes there.

an unusually late fall fire has already destroyed several homes. they're hoping that rising humidity will help them contain the blaze by friday. the cause, meanwhile, is still under investigation. and a miracle on the subway tracks. this man is a blind man. he and his guide dog narrowly missed being hit by a train in new york city. that's cecil williams. he fainted and fell on to the tracks at a harlem subway station. his guide dog orlando tried to keep him from falling but also tumbled on to the rails. both somehow managed to stay low enough on the track that when a train rumbled right over them, they are said to be doing well. but williams says he has to put orlando up for adoption because insurance will no longer cover the cost of caring for him. we'll talk more about this story later in the show. he is a sight for sore eyes, the fact that he lived to tell this tale. >> that cannot be allowed to happen. that he has to put his training

dog up for adoption. >> no. the dog saved his life. >> he needs it. >> he needs that dog. >> if you can't raise money for that cause, you can't raise money for anything. stay tuned. a check of the weather now. let's get to indra petersons. good to have you inside. >> thank you. i appreciate it as well. hello. snow tapering off from the system we saw yesterday. as far as how much we saw, we know the higher amounts are out towards new england. in central park, it measured about an edge. so much of that snow melted on impact. what we're looking for today, lake-effect snow, especially off lake erie and ontario. in maine, the system making its way up. several more inches could still fall until it exits offshore. temperatures, cold in the northeast but it will moderate quickly over the next several days. right in the southeast. memphis, atlanta, these temperatures are climbing to well above normal. almost towards the 70s here. that is key. i'll tell you why that could impact your weekend with severe

weather. first take a look at what is going on out west. two systems all you need to know here, first one goes a lot faster, second one, great news out towards california. chances for showers, that should help them. we'll talk about what this system is expected to bring over the next several days. light showers is what we'll be looking for here. eventually by friday, we'll be looking for light rain out of system. i had that big number two out there. watch this one. all eyes are going to be on this. models are varying as far as how much rain or snow. the big thing we'll be watching as we good through saturday and sunday, i told you how warm those temperatures were in the southeast. once you bring a cold system, you have a threat for severe weather. kentucky back through san antonio. by sunday we'll look at the carolinas back through florida. that will be a big story as we go through the weekend. storms after storms rolling through the region and saturday, sunday to be talking about straight line winds and maybe a

tornado, big story. >> what a turn. >> yes, right. >> thanks, indra. coming up on "new day," an international uproar. a female diplomat from india was arrested and strip searched in new york. the indian government is firing back at the u.s. taking away security from the embassy. that's what you're watching. why? we'll take you through it. and the federal reserve holding a critical meeting today. how the outcome could send the markets and your 401(k) spiraling. we chip away. making the colors of earth and sunset skies into rich interior accents. or putting the beauty of a forest in the palm of your hands... it will take you to another place... wherever you happen to be. this is the new 2014 jeep grand cherokee. it is the best of what we're made of. well-qualified lessees can lease the 2014 grand cherokee laredo 4x4 for $359 a month.

afghanistan in 2009.

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welcome back to "new day." zipt uproar this morning over the arrest of an indian official in new york. she was strip searched and held on $250,000 bond. now the indian government is

firing back, removing -- just take a look right there -- removing security barriers outside the u.s. embassy. pamela brown is here with much more on this. what's going on, pamela? >> officials in india seem to be more outraged over how the diplomat was arrested than why, calling the treatment barbaric. they are taking action and protest against the u.s. in several different ways. meantime, american officials acknowledging this diplomatic dispute is a, quote, sensitive issue. watch as police remove the concrete security barriers in front of the u.s. embassy in new delhi. newspapers in india reporting the government is behind the anti-u.s. protest. why? retaliation sparked by an arrest of this indian diplomat in new york city. according to this criminal complaint, a deputy consul general severely underpaid her babysitter, paying her $3.31 per

hour, far less than minimum wage and worked the babysitter far more than 40 hours per week allegedly without overtime pay and then lied about all of this on visa documents. >> she has nothing to do with this process. >> state department diplomatic security arted her last thursday after she dropped her daughter off at school. she was later strip searched and put in a holding cell with other defendants. her lawyer says she pleaded not guilty. >> i have every expectation she'll be completely vindicated. >> reporter: her arrest sparked outrage, some calling her treatment barbaric, one calling for the partner of gay u.s. diplomats in india to be arrested, a country recently banned gay sex. >> what the government of india can do immediately is to kansing the visas, arrest all these companions, put them behind bars. >> reporter: indian officials snubbed u.s. delegates visiting india. one tweeting refuse to meet the

visiting usa delegation in solidarity with our nation. >> more steps should be taken. against the united states until they give an unconditional apology. >> reporter: u.s. marshal service officials stand by their strip search procedures saying they treated the diplomat the same way they treat everyone else. >> thus far, all indications are that appropriate procedures were followed but nonetheless, we understand this is a sensitive issue and we're continuing to review exactly what transpired. >> reporter: and her lawyer told cnn there was simply no reason to have arrested her on the street in front of her daughter's school nor to have strip searched her but a law enforcement source familiar with this case telling cnn that she was not arrested in front of her child and wasn't handcuffed until she arrived at the courthouse, a courtesy not afforded to most people according to this source. that's the latest. we'll bring you the latest on this story. back to you, chris. >> thanks for that, pamela. it is money time. the federal reserve is holding a very important meeting today. they're expected ed ted to mak

announcement about whether or not they'll begin to taper off the stimulus program. why is that? why do we need it and what happens when it ends? those are the questions. for answers, ron that ana foroos us. >> bonds, mortgage-backed securities, the government has been buying these up. the reason they started doing this, after the crisis, as we all know, markets collapsed. one of the ways of increasing confidence and getting the economy back up and running is buy these assets and try to push the markets back up. >> that's what's going on? >> that's right. >> what is the fear about tapering it? >> the question is how much of the rise in markets that we've seen in the last few months and years is due to the fact that the fed has been spending all this money. $85 billion a month. that's a lot of money. the question is when they start pulling back on the money dump

are the markets going to stay up or are we going to see them crash? >> isn't there some debate on how beneficial, how much of the economic recovery can be attributed to the $85 billion a month? >> absolutely. that's the big question. this is what the fed has to watch carefully. they want to see that labor markets are stabilizing, which they have been. they want to see that growth is back. the new latest numbers is that growth is getting closer to 3% a year, more historic norm rather than 2% which is what we've been in the last couple of years. inflation is still weak. and that says that demand in the underlying economy is not as strong as it might be. that's the big question mark right now. >> you talk about the labor market. it's believed by someone some that the program led to modest rise in job creation. and if you remove that, is there going to be a program that will be put there to fill that gap? >> well, right. and the answer is probably no. one of the reasons why the fed put so much money into the markets to begin with is there

was a feeling that washington couldn't come together and come up with a better jobs program. the fed was the last man standing that could do something about the economy. the question is, who has this money dump benefited? if you think about who owns stocks in this country, 75% of the stocks are owned by the top quarter of the population. if you own stocks, a home, you're feeling the benefits. if you don't, not so much. >> i feel there is a missed opportunity for outrage among people here. because of the disconnect between wall street and main street. i'll suggest one to you. the span between wall street and main street is growing all the time. nobody needs us to tell them that. the consistent argument from the people on wall street, leave us alone, do not regulate us, let us figure it out for ourselves. it will help everybody. that hasn't happened. they're not hiring. there aren't better paying jobs. who are we helping accept the

people who already have money? >> a strong argument. by the way, we heard the just leave us alone argument from wall street before. that didn't work the last time. there are a lot of people that feel that all of this money has actually created market bubbles. when you look back, last summer around july, the fed hinted it would start pulling back some of the spending and markets did correct. you saw emerging markets go down sharply, commodities were down sharply. there are worries that this is creating risk in our economy. >> this is also ben bernanke's last press conference he'll be holding as fed chairman. what are you looking for? everyone parses his words so carefully. what are you looking forward to coming out of the meeting? >> what you want is clarity. the fed is not always clear and they kind of speak in their own sort of jargon. you want him to lay out exactly what are they looking for going forward. they've done a good job to be fair. they said we want a stronger labor market, more growth and inflation to pick up. we'd like to see a continuation of that and just a clear pathway going forward.

>> used to be what he would say who move the markets. that has become less and less so. >> right. >> not so much what they call the future predictions. >> there's more transparency with ben bernanke. >> there's a lot of money being put in there on a regular basis and there hasn't been a great argument to show how it's helping the families struggling in this country. that's all i'm saying. >> thanks, rana. >> i'm blaming you, rana. >> no, no. call it the sochi snub. no one from the first family is going to the olympics this year. instead, president obama is sending a delegation that includes gay athletes. is the u.s. sending a clear message to russia. dennis rodman on his way to north korea once again days after kim jong-un executed his own uncle.

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lottery officials say two winning tickets were sold in last night's mega millions drawing. one at a small gift shop in san

jose, california and another at a news stand in atlanta, georgia. the winners will share the estimated $636 million jackpot. it is the second largest in u.s. history. let's give you the winning numbers again in case you're a thousandaire. 8, 14, 17, 20, 39 and the mega ball number is 7. we still do not know the identity of a gunman who opened fire inside a medical building in reno, nevada tuesday afternoon. police are not discussing a possible motive but they are saying the shooting was not random. a white house meeting with tech executives on the health care website quickly turned into a discussion about the nsa spying program. top firms in the technology world are trying to pressure the white house into scaling back the surveillance for its part, the white house says president obama heard the executives' concerns and believes in an open and innovative internet. in georgia this morning, the ntsb is on the scene of a deadly

small plane crash. two people were aboard the plane when it went down in the backyard of a home in the riverside community in northwest atlanta. witnesses say it exploded in a massive fireball. one neighbor says the pilot managed to avoid hitting any homes in that densely populated neighborhood. nasa saying that two astronauts on board the international space station will have to perform an emergency space walk to fix a bad pump on an external schooling system. as many as three space walks may be needed to complete the repairs. if the second one happened to go out, then the crew would have to evacua evacuate. quite a repair job. critical, important and timely. those are your headlines, guys. the president, vice president and first lady will not be attending the winter olympics in sochi, russia. instead, the white house is sending an official u.s. delegation to the games and sending a message along with them.

jim acosta is following developments at the white house. first up, who is going as part of this delegation? >> you know, this is very interesting, kate. let's put this up on screen in terms of who is leading the u.s. delegation. it does send a message from this white house to vladimir putin and russia. the u.s. delegation will be led by former homeland security secretary janet napolitano and billie jean king, the tennis legend and kacaitlin cahow. she's an olympic hockey player. she is also openly gay. >> what are you hearing from behind the scenes at the white house, jim? was this done purposely to send a message to russian president vladimir putin? >> i think there's no question

about it. keep in mind, this one quote which i think stands out from a spokeswoman here at the white house. the u.s. delegation to the olympic games represents the diversity that the united states has and the delegation is distinguished not only by government service but civic activism and sport. when they mention civic activism, that's clearly a message that's being sent to russia's anti-gay policies. this is a president that was asked whether or not the united states would boycott the olympic games. why? because of edward snowden, the temporary asylum that russia granted edward snowden. you mentioned this is the first time in about a decade a president, vice president, first lady and so on has not represented the united states at an olympic games opening or closing ceremonies. the white house is not saying this explicitly but when they say things like civic activism in statements being made by the

u.s. delegation, they are clearly sending a message to the russians, kate. >> clear message being sent. we'll wait to see how the message is received in russia. great to see you. thank you. >> welcome. important to distinguish with what they do in the leadership versus messing with the athletes you play politics with the olympics and you affect the athletes and it's a problem. interesting move now. >> sure is. coming up on "new day," former nba star dennis rodman headed back to north korea, just days after the execution of kim jong-un's uncle. question? is this a bad time for basketball diplomacy? also ahead, you're about to get a let more video added to your facebook. new video ads that will run automatically on the pages or anything you can do to stop it or maybe you like it? details ahead.

welcome back. let's go around the world starting in the philippines. secretary of state john kerry traveling there to see the damage from typhoon haiyan. monita rajpal has the story. >> more money to help typhoon survivors. u.s. secretary of state john kerry announced an additional $25 million in aid to the philippines. it comes in the aftermath of typhoon haiyan which tore through large parts of the country last month. and killed at least 6,000 people. kerry surveyed the damage in one of the worst hit cities, ta tacloban, taking the devastation was unlike anything he's seen

before. the additional funds boosts the assistance to the philippines to $86 million. >> monita, thank you. in ukraine, a loan from russia not sitting well with anti-government protest ares there. diana magnay has that. >> kate, russia's president throws cash-strapped ukraine a much-needed life line. he's offering to invest $15 billion in ukrainian government bonds and offer a 30% discount on gas prices. not just big money an opposition leader said but very big money. the leaders here in kiev wanted them to sign deals with the european union and not with russia. they feel their president has sold them out and what sounds like easy money will cost them their political, their economic sovereignty. kate. pope francis is seems is on a roll, getting named person of the year again. here's ben wedeman with this. >> this is first an american lgb

magazine, the advocate names a pope, in this case, pope francis, person of the year. it ran a quote from the pontiff who earlier asked if someone is gay and seeks the lord with good will, who am i to judge? this is definitely a change in tone from the vatican but the official policy remains the same. homosexual acts are a sin. back to you, kate. >> ben, thank you so much. dennis rodman is heading back to north korea. he will ab riffing amid turmoil because last week leader kim jong-un executed his uncle, a top adviser. is rodman needlessly putting himself and others at risk? anna coren has the latest from seoul. >> you're absolutely right. dennis rodman appears undeterred to travel to the kingdom in the

wake of kim jong-un's uncle's execution. he's currently in beijing. he will be traveling to pyongyang tomorrow. we know that the world will certainly be watching his every move. with his piercings, tattoos and at times outlandish behavior, there's no denying former nba star dennis rodman loves attracting attention. and where he's heading, it's certain the world will be watching. as the 52-year-old makes his third visit into a country ruled by one of the world's most repressive regimes. >> i want to bridge a gap with north korea. that's all i want. >> reporter: it comes at a time of dramatic political upheaval in north korea. just last week, the country's young leader, kim jong-un had his uncle executed in what some experts believe is just the beginning of many more purges to come. a power struggle is believed to be the reason why he had his mentor and second in command allegedly killed by machine gunfire. and with all the instability, it

would appear that the supreme leader could use a good friend. >> he's my friend. if you hate my guts, hate my guts but he's my friend. >> reporter: rodman is traveling with a film crew, that will tape the north korean basketball team. many are wondering whether rodman will raise the issue of 45-year-old american missionary kej kenneth bayh. rodman says this trip isn't political. although in previous visits he has made himself available for basketball diplomacy. offering to be a mediator between his close friend kim and u.s. president barack obama.

>> this guy wants to do one thing, have a conversation with you. that's it. why, obama, are you afraid to talk to dennis rodman? >> reporter: now, there's some people who wish that dennis rodman would make this a political trip. there was an open letter in "the washington post" by north korean defector today who said that he would like dennis rodman to raise the issue of human rights with kim jong-un and make him hear the cries of his people. kate and chris, i think that is unlikely to happen. >> ihi m like dennis rodman to do that when he makes the trip. anna coren, thank you so much. let's get back to indra petersons to take another look at the weather. what are we looking at? >> it's a lot better, depending on how you like it. we're talking about the system making its way out of the area. in maine we're left over with a few of those showers. lake-effect snows, we still see

those firing up another day or so. notice in the northeast, we're still seeing temperatures below normal. they will moderate but be on cooler side. down into the southeast. look at them starting to climb. memphis by the weekend starting to be near 70 degrees. this is key as another system is expected to make its way into the region. i'll get there. first thing you want to notice, two systems are out there. i labeled them so you can see them. this is good news. number it, over big sur, a chance for rain today. the first system, this one goes pretty quickly, impacting you before the weekend. the second system, slower. it will be affecting each one as we go into the weekend. light showers over the midwest. that would be snow showers turning into rain most likely for the northeast by friday or so. now let's take a look at the second system, get slower moving. models differing on how much rain or snow will be getting. the big story will be how warm we talked about it being in the southeast. now we have a cold system making its way near it. we have a jet stream in place. we have the threat for severe

weather as we go into saturday and sunday. paducah, kentucky down towards san antonio, texas. saturday, straight line winds, heavy rain. even a tornado cannot be ruled out. by sunday, we'll see the threat shift from the east. the carolinas through florida, we'll still be talking about that threat for the weather in the northeast. a lot going on as the next systems make their way across. i'll be a busy little camper. >> a tornado any time is horrible. normally it happens in the springtime. >> right. >> in this weather, these temperatures, it just -- >> you can get a peak this time of year but never a good thing come december. >> thanks, indra. >> sure. a new look for facebook. the social network giant set to launch video ads that run automatically but will will facebook users react? >> plus, the mma, mixed martial arts. i love it but it's causing controversy. a battle of the sexes playing out inside the ring. they win, they got us talking

about it but at what cost? details ahead in the "bleacher report." mine was earned orbiting the moon in 1971. afghanistan in 2009. on the u.s.s. saratoga in 1982. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve current and former military members and their families is without equal. begin your legacy. get an auto insurance quote. usaa. we know what it means to serve.

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welcome back to "new day." could we see mma history friday night? a man fighting a woman. andy scholes joins us now with details in this morning's "bleacher report." remind our friends, andy. this ain't the wwe wrestling. i love that, too. remind them what happens in the ring in an mma fight. >> there's none of this where they're missing each other. people get hit in the face and

get knocked out. and now the promoters in mma, they're always trying to get that shock value, get people's attention. mission accomplished in this case. this promotional banner has been making the rounds on the internet. it's on bleacherreport.com. it features emerson falco on the left and his opponent, julianna velazquez on the right. this is a different animal. there's no word yet on if this contest will happen. the brazilian mixed martial arts con federation, the group that polices the sport in brazil says there's no rules for a man fighting a woman but obviously, it's, you know, not a fair fight. >> well, that's the question. >> oooh! >> that's the question. andy, i'm right there with you. we'll take the beatdown. what you're thinking about is safety. what do you think the play is here for the mma? do you think they want to see

what happens, when this guy falco, who is no joke by the way. >> he was hurt and said he wasn't going to fight until next year. they're trying to say he's hurt and he's going to try to fight, maybe that makes it fair. they both weigh about 135 pounds. the strength falco possesses as opposed to velasquez just isn't fair. >> she's no joke either. >> she's not being forced into the ring, though. >> she has a choice. >> her mentality is i get lucky in that ring, i'm billie jean king. i'll break all these boundaries. this ain't tennis. that guy would make me look different for the rest of my life. >> bigger discussion inside mma, some people argue.

>> i'm pro-fight. people want to watch it, we're a violent society. i'm okay with it. but what can happen? the people have spoken state by state. is this okay? what do you think? she says yes, she wants to do it. >> let her do it. >> i'm sure she could whoop me but this seems like a really, really bad idea. >> i can whoop you and that says a lot. >> i'd pay to see that, andy. >> not doing it. >> run while you can, andy scholes. >> thanks for telling us about it, pal. got us talking. let's talk about facebook. the social networking site is planning to start running video advertisements in your news feed that play automatically. it's a risky move that no ut do will make advertisers happy but my sense is that it could outrage millions of facebook users. we'll put this all on brett larson, host of "tech bytes." let's talk about what this is

going to look like. we know what our news feed looks like. will they be embedded ads? >> yes. as you scroll through your facebook news time line, things will start moving. >> is it going to stop you? when you want to watch a video and you have to watch this first? >> surprisingly, no. you're going to be able to keep going. >> it's like instagram? >> right. >> my concern, though, is does your computer have the power to -- the processing power to let you scroll, as the video plays as it goes by or is your computer going to choke a little bit so you're stuck on the advertisement? >> here's another point. it is not going to have audio that automatically plays. >> correct. >> that might be a deciding feature. >> that way you can scroll past it and it won't be playing. >> initially when i heard about it, it will be like the annoying popunders, you're like where is that sound coming from? you close everything and mute your computer. it will be like the experience

now when someone posts an instagram video or vine video. as you scroll by it plays a catches your attention. >> i'm not as angry as i thought it would be. >> you went up here and then you came down. >> it's not as bad as i want to watch mick do this, but i have to watch this ad first. >> was this inevitable. >> it kind of is. facebook is a publicly traded company with shareholders, saying you have to make money off those billion user. >> the idea it's starting with a few users right now. >> right. >> over time or are they testing it? >> they're testing the waters to see in the first couple of weeks. i would guess by the beginning of the year, most all of us will start to see it. we'll probably see one pop up here and there. they'll probably get a premiere sponsor like a general motors or ford. >> there's a movie ad. >> which makes sense. it makes sense to see a 15-second trailer. facebook has been struggling with advertisements because

people are not that effective when they're on the side or come up in your news food. so-and-so like moo cards. you should like them, too. >> it would be like a vegas billboard going up outside your apartment building and every time you wanted to open up the curtains and look at the view, this noisy ad kept flashing. it's a bit like that. >> facebook has made a big push with the handheld market, second, third screen viewer. you made an interesting point about processing power. this thing -- >> it will suck up your data. >> that could choke. >> very good point. one thing they did say if you're not on a wi-fi network, if you're on your mobile network, you're not going to see the ads. >> tweet us, get on facebook with an ad. >> if it's a "new day" ad, please watch it.

>> stick around for our "must see moment." it's super touching. it's a christmas miracle for special kiddos at the atlanta children's hospital. they got a winter wonderland, including snow. it's artificial snow but the joy on the children and on their family's faces is, oh, so very real. the snowy surprise was dreamed up by the employees. the people that actually work at all three of the children's hospital locations in atlanta, the hospital believes that every child deserves to experience the magic and wonder of the holidays. and to watch this, i'm telling you, it will change your day. >> oh, my god. that was a surprise fabulous. >> how about that? beautiful. they got to watch the snow being created, too. it's really kind of cool. look at that. >> that is beautiful. >> a christmas miracle in atlanta. >> who deserves it more? >> good stuff. >> yes. >> it is indeed. >> coming up on "new day," $636

million divided by two. we're live where the two mega millions winning jackpot tickets were sold. we'll hear from someone who's taking home a slice of the pie. and also ahead, a mother fighting for the right to keep her daughter on life support after a routine tonsillectomy went horribly wrong. we've got the latest. a subaru... ...are the hands that do good things for the whole community: the environment, seniors, kids, and animals. that's why we created the share the love event. by the end of this year, the total donated by subaru could reach 35 million dollars. you get a great deal on a new subaru. we'll donate 250 dollars to a choice of charities that benefit your community. it feels good to be a helping hand.

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energy lives here. i dbefore i dosearch any projects on my home. i love my contractor, and i am so thankful to angie's list for bringing us together. find out why more than two million members count on angie's list. angie's list -- reviews you can trust. the lottery called me and let me know, it will be a good one today! >> the golden tickets, two jackpot winners overnight. who get to split $636 million.

we're live where the lucky tickets were sold. shots fired. a gunman starts shooting at a nevada medical center. one killed, others injured and an and tire hospital put on lockdown. we're live at the scene. miracle on the tracks. how did this blind man and his seeing eye dog survive as subway cars ran right over them? we have their amazing survival story. your "new day" starts right now. >> announcer: what you need to know. >> i don't have tears no more. i'm so angry. >> announcer: what you just have to see. ♪ let's get together >> this is "new day," with chris cuomo, kate bolduan and michaela pereira. at least two dreams came

true overnight on both coasts. two winning mega millions tickets were sold, one in atlanta and the other in san jose. the holders of those tickets will split $636 million. for the rest of us it's back to work. jackpot isn't the only treasure, however. here are the numbers for you. ready? 8, 14, 17, 20, 39, mega ball 7. >> you have a future in that. >> right? nah. we have reporters standing by live where both tickets were sold. dan simon is at jenny's gift shop in san jose. dan, what's the scene? >> good morning, chris. this is a strip mall in san jose, california, mainly consisting of vietnamese shops. the winning ticket here at san jose was sold at jenny's gift shop. the owner, a 37-year-old. got the store just four months ago. he has three kids and he's speaking out. take a look. >> the lottery called me and let

me know. i come and take a look. you know? everybody here! whoa! it will be a good one tonight! >> it turned out to be a good investment for that gentleman. his takeaway, $1 million. meantime, chris and kate, we're waiting to see if this mystery winner california will come forward today. we send it back to you. >> keep a close eye on that door. martin savage live in atlanta. hi, martin. >> good morning, kate. for so many here in atlanta, maybe a group of people, this is an outstanding morning. let me show you what the lucky lottery ticket looks like. it looks just like this with the exception of the winning one having the winning combination of numbers which that one didn't. it was purchased inside this office complex here at something called the gateway newsstand. that store right now is all locked up tight because it's still very early in the morning.

we don't know much about who may have purchased the ticket. because it is an office building complex, maybe it was an office pool. so in other words, could be a whole group of people that could have won the multimillions down here. we should also point out this is an extremely wealthy neighborhood. there's also that going, that it's possible somebody who already had money has a lot more as of this morning. we hope to find out later in the day whether it's one or many who are mega million winners. kate? >> martin, thank you so much. let's get more answers, paula otto, executive director of the virginia lottery and the lead director of mega millions at this moment. good morning, paula. >> good morning. we are on winner watch across the country, aren't we? >> we sure are. we know one ticket sold in georgia, one in california. what more can you tell us? everyone is waiting to know. >> it's really up to the winners how quickly they come in. sometimes you have winners who

will come in the very next day, other times you have winners that will wait for weeks. we just had a mega millions winner that wait the more than five months to come forward in virginia. so you never know. we do advise those winners if they're watching this morning, sign your ticket. sign it a couple of times. make certain it is in a very safe place. and perhaps consult with some legal or financial folks before you officially come forward to claim that prize. i know that the lotteries in california and georgia are geared up and absolutely ready to help whoever the winner or winners are, as you all speculated, maybe the one in georgia is an office pool and to take them through the process of becoming multimillionaires. >> pauley, any indication one way or another if it's an individual or a group, an office pool at this point? >> we really don't know that. we only know where the winning tickets were sold and until somebody comes forward, we're

not going to have the answer to that question. >> so what happens now? we're all just watching and waiting? >> that's right. that's right. you know, it's fun. everybody was thinking about what would i do if i were lucky enough to win and to have those winning numbers? and now we all switch over to i wonder who those lucky folks are who hold those winning tickets? important to know, though, it wasn't just these two tickets that made people millionaires. we had 20 tickets across the country that matched the first five numbers and they are the proud owner of a million dollar ticket this morning. so same advice to them. sign that ticket, put it in a safe place until you're ready to go into your lottery office in your state to make that claim. >> that is pretty good. 20 tickets, everyone will recheck their tickets one more time. >> you should. >> the odds to begin with, they're always bad when you're talking about the lottery. it used to be 1 in 176 million

for your chances. now they are even worse. 1 in 259 million. so you're making it even harder. why, oh, why? >> they are longer. we had not had any big jackpots in mega millions for nearly two years. we went to our players and did a lot of research and said what do you like about the game? what can we change about the game so we can make certain we get big jackpots. we made a couple of changes, including the matrix or the way you play the game. you're right, the odds are huge. but i think the reporting this morning is proof that somebody wins and in this case, we have two winning tickets. >> which keeps the dream alive going forward. paula otto, great to meet you. thanks so much. >> thanks for having me. >> of course. police have not determined a motive in a deadly shooting at a nevada medical center. they do say it wasn't random. the gunman killed one and critically wounded two others before turning the gun on himself, leaving many questions

to be answered this morning. miguel marquez is in reno with the latest. miguel? >> reporter: here we go again, chris, just after 2:00 p.m. a gunman walked into the waiting room of the urology department here on this sprawling hospital complex. he told everybody out to get out, they did and then he went back to where the doctors and nurses were. among those people killed one of them in surgery, among them, a doctor. yet another shooting, this time a state-of-the-art medical center targeted. one person killed, two more injured before the shooter took his own life. >> he had a lone suspect enter the medical facility here with at least one firearm. >> reporter: the shooting contained to the third floor of reno's renowned medical center in its neurology office, a male gunman opened fire, killing one person. the shooting in a building next to the main hospital campus. inside this walkway between the two, workers told to stay put, the entire complex on lockdown.

an all too familiar scenario. this video shot while s.w.a.t. teams secured the building room by room. >> stay in this room. >> reporter: a systematic search by police. >> on the third floor of the building they located two people down. and they located a couple of injuries. >> reporter: amazingly, operations at the medical center resumed within an hour of police clearing it. despite this being on the third flier of one of the office buildings in this very big hospital complex, the police response was very fast, about five minutes from the time the call went out by the time they got there, though, the damage was done, the shooter dead himself from his own hand. we expect more from police here in reno later in the afternoon your time, 1:00 p.m. eastern, 10:00 local. we'll bring that to you. kate? >> all right. miguel, thank you for that. back to washington, we are learning this morning the tech executives who met with president obama at the white house tuesday that some of them are upset they didn't focus more

on the nsa spying program. top firms in the technology industry are trying to pressure the white house, the administration into scaling back that surveillance and making reforms to those programs. let's get more from jim acosta, live again at the white house this morning. what are you learning, jim? >> kate, one thing we're learn and we talked to several sources familiar with this meeting yesterday between the president and those top tech leaders who are here at the white house to talk about their very big concerns about the nsa surveillance programs, one thing that we did hear from a source familiar with this exchange that went on between the president and those tech executives is that several of those executives were disappointed that there was too much of a discussion about healthcare.gov that was on the agenda and not enough of a discussion about their concerns with government surveillance, especially with what is beginning on over at the national security agency. in the words of one source familiar with this meeting, quote, we didn't fly across the country for a discussion on healthcare.gov, end quote.

that is a pretty clear indication as to how some of the executives felt. i talked to another source with this meeting that said, no, some of them were satisfied with this meeting. they wanted this dialogue and are glad this dialogue got going. "the washington post" reported this morning that at this meeting one of the tech executives suggested to the president that he pardon edward snowden, the president said he could not do that. kate and chris, i can confirm to you a source familiar with this meeting between the president and those tech exec leaders said, yes, that offer was talked about at this meeting, it was suggested that perhaps the president pardon edward snowden and he said no. that is from a source familiar with this meeting yesterday. >> thanks for the update. >> you bet. that compromised budget deal that everyone is rightly praising is expected to pass today. the deal still must be scrutinized. turns out one of the compromises is over something many say

should never be skimped on, military benefits. cnn's dana bash is on capitol hill. tell us what's going on here and what the rationale is for it. >> reporter: you're exactly right, usually when it comes to budget cutting, chris, anything that has to do with the troops, active duty or retired, it's sacrosanct, nobody touches it. this time, they said compensation has gotten so expensive it could use a trim. that went into high profile and rather colorful opposition. retired admiral nor bryant pounced the halls of congress, refusing to give up, urging senators to restore cuts to military pengs in the bipartisan budget deal. >> soldiers are lucky if they're under the same roof as their family 8 out of 36 months. they've done that for 10 years. they paid an enormous price up front. this is a disgray. >> reporter: republican paul ryan and democrat patty murray

decided to reduce by 1% the cost of living adjustment that retire after 20 years of service. that's people generally in their 40s. it would go back up at age 62. it would save $6.2 million. >> of all the people we could have picked on to screw, how could we have arrived here? how could we have done this? >> reporter: lindsey graham's best senate friend and well-known military vet disagrees, effectively asking how could we not? >> in words of former secretary of defense mr. gates said that these entitlements in military are, quote, eating us alive. >> reporter: john mccain says this gives him heartburn but noted military pensions cost $52 billion last year and skyrocketed 49% over a ten-year period. >> we're going to have to look at this whole issue of the pay, benefits and retirement and all

of that. members of the military in a prospective fashion. >> reporter: nor bryant of the military officers association argues the average enlisted person would lose a total of $8,000. >> a bucket of coal for this christmas. >> reporter: graham, up for re-election in military rich south carolina, admits they'll probably lose this battle but vows to win the broader war. >> we're going to remind people who you are. and any politician who wants to do this again is going to get the hill kicked out of them. >> reporter: the democratic senate armed services chairman says they are going to re-open, look at this in the new year when congress returns. but they are up against certainly some lawmakers who think that this is terrible, they're outraged about it but others who say you know what, many people in the military, maybe most, retire in their 40s and still get civilian jobs and maybe have those for 20 years before then getting other military benefits and maybe

other pensions as well. >> just one of those situations where the economics and politics make one set of ideas right but still the military, you think there would be sensitivity. nato forces coming under fire in a military base in afghanistan overnight. three militants were killed in the firefight. it follows the deadliest day for u.s. troops in afghanistan since august of 2012. six american forces were killed after their helicopter crashed in southern afghanistan. the pentagon is trying to determine if their deaths were the result of enemy fire or of that crash. the teenage gunman who critically wounded a classmate at a colorado high school last week before killing himself apparently plan an even bigger attack. 18-year-old carl pierson scrawled on his foreman the latin phrase meaning the die has been cast. investigators say they also found letters that indicated pierson planned to attack five different classrooms. his victims, 17-year-old claire davis remains in critical

condition in a coma. the suspect in last month's shooting at los angeles international airport has been indicted on murder and other charges. investigators say paul ciancia killed hernandez and wounded three other people. he could face the death penalty if convicted on the top charges. ciancia is due back in court the day after christmas. firefighters are racing to contain a slow-moving wildfire in the big sur area of california. right now it is at 20% containment, nearly 800 acres have been consumed. 22 buildings and homes have been destroyed. thankfully, no injuries have yet been reported. the cause of that blaze is under investigation. and here's our toronto's troubled mayor dancing his cares away seemingly. rob ford and other city officials took a dance break on the council floor tuesday as the local jazz trail played christmas carol blues and "one love." the dance-off happened moments

after ford had an angry spat with the very same city counselor he knocked into last month. you might recall this. >> so much to say. but at least they're dancing and let's hoping the holiday spirit, they are okay. >> boy, oh, boy. >> yes. indra? >> got moves. kind of. i don't know. trying to help you guys out. let's talk about the weather. we're seeing still some snow just in maine today, left over from the system we saw yesterday. as far as how much we saw, you might want to take central park we only saw an inch. we know there was more snow than that, higher ams towards massachusetts. we saw about 6 inches of snow. here's what's left. we have the lake-effect snow as typically we do. lake erie, ontario, you'll be looking for more snow today. maine, maybe several more inches as the low tries to make its way

offshore. new story, kind of mild as this transition day into the northeast, the southeast, temperatures on the cool side in the northeast, warming significantly in the southeast. this is key as we start to see these temperatures climb close to the 70s and another system will be making its way across. we are going to have a threat for severe weather this weekend. i'll show you how it pans out. first take a look. two storms. second one down here, this is great. for big sur, a chance for showers. they need that. this first one should impact us over the next several days. the second one will be slower to impact us as we go towards the weekend. light showers into the midwest. eventually by friday into the northeast we'll be talking about probably just rain out of this. now let's take you into the second one. rain into southern california but eventually making its way across, still models varying on how much rain or snow we'll be seeing out of. the big takeaway, saturday and sunday, notice we have a threat for severe weather from kentucky back in through texas. we'll be watching that on

saturday. by sunday the storm moves farther to the east. on sunday we're talking about the carolinas, maybe even possibly the panhandle into florida. straight line winds, large hail, tornadoes not ruled out, which is crazy this time of year. we're talking about a snowstorm here yesterday. things can change in my world, very quickly, guys. >> stay on it, indra. coming up on "new day." this is a bit more serious than dog ate my home work. a harvard student under arrest for that campus bomb hoax. wait until you hear why he did it and what he did to try and get away with it. plus, she came to the hospital for a routine tonsillectomy but it was anything but routine. now a 13-year-old california girl is brain dead and her family is locked in a battle with the hospital to keep her on life support. we have a report, just ahead. smoke?

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better balance rewards credit card, which fits nicely with everything else in life she has to balance. that's the benefit of responsibility. apply online or visit a bank of america near you. welcome back to "new day." a harvard university sophomore is due in court today facing charges that he's behind a bomb hoax that left students in panic on monday. really the entire school in panic. the 20-year-old is accused of e-mailing threats saying there were explosives on the campus. cnn's jean casarez is joining us with more. what was the motive. >> this is so serious, the motive was, they know this because the fbi confronted him monday night, gave him his miranda rights, he signed a waiver saying i did it, i aked alone, i didn't want to take an exam. he also told him he sent the e-mails at 8:30 at the morning,

his exam was set for 9:00. he went to the classroom where his exage was to be. >> he showed up. >> at 9:00 the fire alarm went off, they told everybody to evacuate and he said my plan worked. it didn't work because he got a fake e-mail address, temporary and a temporary ip address. he thought he was going to be anonymous but sent it over the harvard wireless network. the fbi and police found that a student had accessed the way to do that temporary internet access and that's how they got to him. and now today will be his first appearance in >> he should have more time studying for his exam. >> he chose his words carefully. we'll the title was bombs placed around campus. that was the subject line to officials at harvard including their police department.

shrapnel bombs placed in the science center, sever hall, emerson hall, thayer hall, 2/4. guess correctly. be quick for they will go off soon. he told authorities he used the terminology shrapnel to elevate it, make it more serious. he said guess where? they're going to go off soon, so it would take longer periods of time for them to find and evacuate the entire campus. >> this makes absolutely no sense and he clearly has lessons to learn and now he's facing some very serious legal charges. >> he's facing five years in prison. this federal statute comes from the atomic energy act in the 1950s. facing five years but i think his attorneys will be concerned for his future. because to be convicted of this and you are innocent until proven guilty. >> we'll see. >> want to make sure everybody knows that. >> a reminder. >> even when you admit it. >> even when you admit it. that's right. because there can be a mental defense. >> that's right. a little more than a week ago, this girl was in a hospital

for routine tonsil surgery. this morning, the mother is fighting with the hospital to keep her on life support. the hospital says the procedure went horribly wrong and the 13-year-old is now legally dead. her mother says sheen is, she's just trapped in her body and will make up. stephanie elam is following developments from los angeles. >> reporter: good morning, chris, kate and michaela. it's every parents nightmare that your child goes into the hospital but doesn't come back out. the family is hoping against hope for a miracle. it was a simple operation that was so improve her quality of life, instead, jahi lay brain dead after surgery. >> i'm all cried out, i'm angry. >> reporter: the 13-year-old was admitted for a tonsillectomy which doctors prescribed to correct her sleep apnea. jahi was alert after the surgery but then went into cardiac

arrest. the medical team worked to revive her. blood filled her lungs and stomach. >> nobody called the doctor until it was too late. my daughter drown on her own blood. >> reporter: the next day, a ct scan showed that two-thirds of jahi's brain was swollen. by friday, further testing confirmed that jahi was medically dead. her death was reported to the oakland coroner's office. but the family handed the hospital a cease and assist order. >> don't pull the plug. >> reporter: jahi's mother wants more time for her child to show signs of brain activity. >> i went and cried to this man, check her brain one more time. i asked him, do you have children? he said yes. i said you should know how it feels.

>> and the result of another test saw the same status for this young child. >> and the results of another test yesterday showed the same status for this young girl. so at this point, though, the family has gotten a little bit of a breathing room here. the coroner's office as well as the hospital have backed off of rushing to try to get this child removed from the hospital. now giving the family time to figure out what steps they're going to take next. chris and kate? >> boy, oh, boy, having to fight with the hospital so you have the right to deal with the absolutely worst situation you can imagine. >> terrible situation.

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good to have you with us on "new day." it is half past the hour. here are some of the stories making news. two winning tickets were hold in last night's $636 million mega millions jackpot. one purchased in atlanta, georgia and the other in san jose, california. the mega ball is 7.

the deadly shooting at a nevada medical center was not a random act. the gunman killed one person and critically wounded two others before turning the gun on himself. the shooting happened in a neurology office at the renowned medical center in reno. the shooter has yet to be identified publicly. amanda knox once again is declaring her innocence. this time in an e-mail to an italian court. the former u.s. exchange student is being tried again for the murder of her roommate back in 2007. her attorney submitted the e-mail as part of her defense. in it she says i didn't kill, i didn't rape, i didn't rob, i didn't plot, i didn't instigate, i didn't kill meredith. a verdict is expected in january. cantor fitzgerald, the new york brokerage firm that lost 658 employees has settled its lawsuit against american airlines. they were seeking $1 billion from the airline, claiming that

american was negligent in failing to detect the hijackers that flew the jetliner into the world trade center. american agreed to pay cantor $135 million. a military chopper was brought in here and plucked him out before the train could collapse. the man was petrified. he reportedly only suffered minor injuries. they are concerned about that crane. >> the worst place to be. >> thanks, michaela. >> you're welcome. >> all right. time now for our political gut check. for the first time in a decade, the president, vice president, and first lady, none of them will be attending the opening or

closing ceremonies at the sochi olympics. john king is here to talk more about it. i guess where the relation. is right now with russia and the tension between the two countries, i guess it's not a surprise that the president is not going but what do you make of the message? >> it's a clear public snub, kate and chris. michaela as well. no question. the president went in the past, the first lady went. janet napolitano sent the delegation. what was her job in homeland security. who's sitting in russia right now? edward snowden. and billie jean king, the tennis great, a direct message because of the anti-gay sentiments. this is president obama saying to putin, things are testy, in

fact, i'm going to make a political statement here. >> what will it do? is it just a public statement or will it do something to shift the balance in u.s./russia relations? >> this is a relationship that is broken and getting worse not better as we speak. both governments say when this he have to deal with the big issues they still can have a conversation. they can say we disagree about this and this but let's talk about that. let's look at what's happening with ukraine. there are a number of tonights in this relationship. we see the edward snowden case, chief and publicly among them, it's getting worse, not better. this is the president's way of sending the world a message and the american people as well. that delegate will be seen at ceremonies and the like of where he 1257stands. he'll send this through a public statement. >> talk about tension. the meeting yesterday at the white house with the president and the vice president and some of the biggest names in tech are going there to talk about the nsa. inevitably you talk about something else.

some of the tech leaders left saying they were frustrated and upset saying there was too much focus on the troubled healthcare.gov website. what do you think? >> we heard a lot of grumbling afterwards, some from the execs, some from their representatives. when you bring up something that he doesn't want to talk about, his message we're told from the tech people and their representatives, i got you, i got your back on this, we'll have changes pretty soon. this is because the tech companies are very concerned that their users are mad at them. if you have g-mail or yahoo! the government, the nsa is taking this information. the companies want permission to tell their customers. the admission said let us review this. the president kept trying to turn it back to the economy. we need more details because this is our livelihood. >> you think it's fair to put it on the government what the tech community is dealing with in terms of information they take

from their users? there's been hypocrisy at play here. shouldn't they start with what they're doing with our information? >> i think that's one of the reasons, chris, a lot of people expect more outrage when this story became public. logon to a website right now, the two of you sitting next to each other and you'll get a different ad. it's christmas season. they know what you're looking for. they know everything about you. the american people are reasonably conditioned about the fact that whether it's big brother in the commune or big brother and the banks. they say the public is numb to this because they think everybody knows everything anyway. >> john, great to see you. thank you. >> almost didn't come. i have a winning ticket. >> yeah, right. >> 2 bucks. 2 bucks. one number and the mega ball. >> oh, good. you can buy me a fourth of a coffee. >> john king would show up.

good haircut working. i like the cut. fresh cut for christmas. >> if you'd know john king you would not show up. >> i would show up to show you my ticket, kate. >> exactly. thanks, john. >> indra petersons is somebody else who says she would show up if she won the lottery. >> indra loves her job. >> i would show up. it's weather. who doesn't love weather? i have the easy gig here. i get to enjoy it all. today, not many of you will have to deal with much because we're getting a breather, that big system. that was in the northeast yesterday. still seeing just a hint of it, out towards maine as it's exiting out of the area. another 1 to 3 inches can be seen. the lake effect, we'll see that firing up for a day or so. the first thing you need to know, temperatures are mild today in the northeast, thanks to the system from yesterday. they're going to moderate, get better. by no means are they going to be as warm as what you're seeing in the southeast. these temperatures will start climbing near almost 70. memphis by friday looking for 67

degrees. this matters because there will be a severe weather threat by the weekend. the reason why a storm that's out in the west today? great news. big sur, a kachance for showers. one and two, notice one goes a lot quicker. number two is slower, impacting you as we go towards saturday and sunday. number one here will bring light showers into the midwest. by friday, it should hit the northeast and bring lightly slight rain here. how much rain or snow we get out of it, the takeaway is the severe weather threat for saturday and sunday. i can't stress it enough. awareness is key, washington, illinois, huge tornado outbreak, no one was even aware. that is why five days ahead of time, i'll keep telling people there is a risk. >> pay attention. thanks, indra. a dramatic scene in had the new york city subway system. a blind man and his guide dog

tumble on to the tracks. the train is approaching. how did they survive? we'll show you. >> would you pay $100,000 for this, a painting by george zimmerman? his work is getting big bids on ebya. >> jerry doesn't look happy. [ female announcer ] thanks for financing my first car.

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welcome back to "new day."

here's something he's never been called until now, an artist. zimmerman's first work of art has been listed on ebay and the bidding started at 99 cents. the latest bid is more than $100,000. why? is the painting even any good? let's bring in an expert. shall we? jerry stults. people want to be outraged. how can someone like this, assuming you believe the worst about george zimmerman, how could someone ever want art from someone like this. not the first time we've seen this happen. >> mass murders have made arrest and people have tried to buy it, have bought it. charles manson, john wayne gacy. in my humble opinion this person got away with a crime and in that sense, that is the only reason that anybody would want to buy anything that he made. >> what have we seen in terms of why, what is the fascination?

what is the desire to buy the artwork of someone who's been connected to or convicted for a horrible crime? >> first of all, honestly, i wouldn't call this a work of art. it's a travesty, a placard, a poster, something you might see in protest. it's a bid of confession to me. >> why? >> it's talking about liberty, justice for all. well, you know, it's almost like none of this ever happened. and then also, you have this is his funny little -- he's almost trying to be a cause. and the cause that i think he is is a travesty of justice, a crime. it's insipid, it's not -- there's no thought in it. it's needing to be the center of attention. i think it's a bit psychotic. >> this is your art criticism,

of course, because that's what you are. you're also basing it somewhat on this. tell us, what am i looking at here. >> it doesn't matter but he copied it. that's fine. he finds the most obvious image of a flag and he does the exact same thing. it's all here. there's no thought in this person. he just needs attention. it's just the beginning. this guy is, i think, a kind of person heading for a fall. >> he certainly had his problems, right? >> he created a problem. >> the problems follow him often. he says this as well after the fact. he said he's finding release in this and he certainly needs cash, right? which takes me to another point. this price tag of $100,000, what class does it put zimmerman in as an artist for what goes to this amount of money. >> i almost can't stand that we have great artists, picaso,

warh warhol, liechtenstein, what zimmerman made, he's not an artist. to me, what he made was a simpleton, quasi psychotic painting in my opinion. >> people want to pay 100 grand to this. >> right. >> what does it speak to then? >> what that speaks to is they think george zimmerman is a cause. they're not buying this work of art. they're buying the idea that george zimmerman, a person that, in my opinion, got away with a crime, is worthy of supporting. in my opinion he should not even be allowed to make the money sold for this painting. >> a cause would be one rationale. what are other ones we've seen with notorious figures in terms of what drew the interest in them? >> in the others, good point. it's a flirtation with evil. a flirtation with death.

a flirtation with these men who are supposedly creative. john wayne gacy painted clowns. to me, as an art critic, this is a clown making painting. >> is that because of how you feel about the art or you cannot divorce yourself from your feelings about the case? >> i feel this way about whatever this thing is, this placard. i could imagine it outside any protest. i don't see it as a painting. i just see it as a poster or placard. >> thematically, there are things that appeal to the people. god, fun nation. >> i find is simplistic, limited, silly. it's not art. it's just a poster. and yes, it has ideas that resonate with all of us. all of us. but it seems ironic that the

person who might have gotten away with something is making things about justice, when i think that's not what happened. >> one thing we have to say for sure, one of the goals of art is to make people think. this raises a lot of questions for us, theville yew that's been put on us, about why that is. fair point? >> not for me but for you. >> you're smarter than i am. you're the answers, i'm the questions. thank you very much. appreciate your doing that. >> thank you. >> over to you. next up on "new day," a quick-thinking transit employee helped save a blind man and his guide dog who fell to the tracks in new york city. how did they survive with only a few scratches even though the train went right over them? [ laughter ]

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♪ you see that picture, let me tell you the story as i welcome you back to "new day." a new york man's canine companion is also his hero. this is 61-year-old cecil williams,'s blind. he collapsed, fainted and fell onto new york subway tracks yesterday. his guide dog sprung into action as a train closed in on them. it was smack in the middle of rush hour at this harlem subway station when cecil williams, a blind man, began feeling faint. >> i saw a man saying oh no and fell into the train tracks.

>> reporter: he collapsed onto the northbound track. his seeing eye either jumped or fell right in after him. >> he was at the edge backwards and the dog was trying to pull him in. >> when he was falling down to the track, and his dog fell down with him as well, and everyone started freaking out. >> reporter: witnesses told williams to lie down between the rails, not to try to climb back onto the platform. others frantically waved to keep the train from running him over but the train operator could not stop in time and a couple of cars passed right over him and his dog. >> it must have been a lucky day for him. >> reporter: amazingly williams was admitted to the hospital for i only minor cuts to his head and orlando emerged unscathed. >> he was semicoherent. he asked us how his dog was doing. we told him that his dog was fine. >> reporter: the service dog stuck by his master's side at the hospital all day, then went home with williams' grateful girlfriend, and later seemed

unfazed by the glare of news cameras. the trademark of a new new york media star. orlando, let's talk about him for a second the hero, turning 11. he'll retire from service soon. williams is looking for a home for him along with a new guide dog. if he had the money he would definitely keep orlando but his insurance won't cover it. someone created a go fund me page so williams can keep and care for orlando well into his retirement. so far we're proud to report the site has raised over $8,000 toward a $10,000 goal. we've watched that steadily climb from early this morning. >> just throughout the morning. it's been amazingly, thousands of dollars. >> it's barely 8:00 in the morning. >> you hear about amazing survival but i don't know if you've been in the new york city subway. >> not a lot of room. >> the only way to survive would be to take action so it was amazing that the man was able to do this and stay face down especially when obviously he

didn't have the same sensory recognition what was going on. >> and the dog was able to. >> the dog knowing to lie down in between the -- that's amazing. >> call it a lucky day or i don't know what you call it. it's lucky day plus. >> lucky dog, amazing. >> the picture, the one big bandage on his head. i mean, it's amazing. >> great story. >> mr. cecil, mmm. >> i'm happy people are stepping up. it's nice. you're all a function of the good stuff and we haven't gotten to that part of the show yet. an indian diplomat arrested and strip searched in new york. indian officials are retaliating. we'll tell you how, this morning you're looking at it, there is a clue. two winners in two states are mega, mega rich, sharing $636 million. we're going to take to you the places where the mega millions winning tickets were purchased and hear from someone who is getting a slice of the prize. [ male announcer ] it's simple physics... a body at rest tends to stay at rest...

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-- captions by vitac -- www.vitac.com the lottery caught me, i'll be the good one! >> we have a winner, actually, we have two jackpot winners splitting $636 million. so where are they? plus we're going to hear from someone who gets a slice of the pie. motive up known, a gunman storms into this nevada medical center and opens fire, killing one person, injuring others and sending the whole facility into lockdown. we're live with the latest. diplomatic furor, ap. arrest playing across two continents,

india livid at the u.s. for arresting one its kipdiplomats. they're removing security around its u.s. embassy. >> what started? your "new day"ens it right now. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> good morning once again and welcome back to "new day." it is wednesday, december 18th, 8:00 in the east. we are all back at work this morning. >> yeah! >> safe to say we did not win the $636 million jackpot last night, but if you're watching us in georgia or california, have another very close look at your mega millions tickets, folks, a winning ticket was sold in both states. we'll put the winning numbers up on the screen so check it one more time. make sure to check that mega ball number 7. who are the winners? dan simon is at a gift shop in san jose, california, where the winning ticket was purchased. hey, dan.

>> reporter: all right, kate, good morning. since this is a gift shop at a strip mall perhaps the winner ka came to buy a christmas present and left with two with the winning lottery ticket. the owner of this store is absolutely ecstatic. he's a 37-year-old vietnamese man, he has three children and the payday for him is $1 million. he's speaking out. take a look. >> the lottery called me and let me know, i come and take a look, you know, but everybody here, whoa! i be the good one tonight! >> reporter: this strip mall mainly consists of small vietnamese shops, san jose has the largest vietnamese population in the united states. we'll see who this lucky winner is. lottery officials going to be coming to the store later this morning to have a celebration here, putting up some special banners. kate and chris we'll send it back to you. >> thanks. no matter what is going on in

your morning, check out this part of the story. we'll go across to atlanta where martin savidge is, where the second ticket was sold. marty you may be the store owner's new favorite person. el tell us why. >> reporter: good morning, chris. we talked to the woman who owned the news stand, she just opened things up. you know how she found out it was her store who sold the winning ticket in georgia? she was watching "new day," she saw it on cnn. she couldn't believe it. the phone began ringing, it was her daughter screaming "hey, did you see it's you?" we went inside and took a look. this is a small newsenstand but right in the center of a very big celebration, and what she did not know in the news that i got to break to her was the fact that she also is a winner, $1 million as a result of owning the store that sold the ticket here in georgia. she was just left speechless. she could not believe it. she's owned it nine years, from korea, worked extremely hard. she keeps working, she says, but

she's also thrilled to know that it's one of her customers, maybe a group of customers that are now also sharing that huge jackpot. so it is just quite a remarkable morning for young su lee, the owner of the news stand here, chris. >> one of the few opportunities where reporting the news makes someone happy. >> exactly. >> thanks for doing that this morning, appreciate it. >> so fun. let's turn to nevada now, the reason a gunman walked into a medical center in reno, in ef neve, tuesday, and opened fire remains still unclear. police will only say the shooting was not random. the suspect shot three people before killing himself. one of the people who was shot is dead. two others in critical condition this morning. miguel marquez is in reno right now for us with the latest. good morning, miguel. >> reporter: good morning, kate. just horrible. just after 2:00 p.m. the beganman walked into a waiting room at this massive hospital complex, told everybody to get

out. they did. he went back to the area where the doctors and nurses were, walked into a surgery in progress, shot two people there, another one was killed, among them was a doctor. yet another shooting, this time a state-of-the-art medical center targeted, one person killed, two more injured, before the shooter took his own life. >> he had a lone suspect enter the facility here with at least one firearm. >> reporter: the shooting contained to the third floor of reno's renowned medical center. male gunman opened fire, killing one person. the shooting in a building next to the main hospital campus. inside this walkway between the two workers told to stay put, the entire complex on lockdown, an all too familiar scenario. this video shot while s.w.a.t. teams secured the building room by room, a systematic search by police. >> on the third floor of the building they located two people

down and they located a couple of injuries. >> reporter: amazingly, operations at the medical center resumed within an hour of police clearing it. despite this being on the third floor of just one of the buildings on this massive hospital complex, police response was very quick, about five minutes from the first time the calls ka imin, by the time they got there, the damage was done, the shooter himself also dead. we expect to learn more later this afternoon, 1:00 p.m. eastern time, 10:00 p.m. local. chris? >> all right, miguel, thank you for following for us this morning. now for the first time in more than a decade, the u.s. president, vice president and first lady will not be attending opening or closing ceremonies at the olympics, but who is going in their place as the u.s. delegation will make the president's position on russia and its anti-gay policies very clear. jim acosta joins us live from the white house this morning. jim, what do we know? >> reporter: well, chris, the

president was asked when this whole furor over edward snowden first cropped up whether or not the united states would boycott the upcoming winter olympic games in russia and the president and the white house kept saying no, no, no, that's not going to happen, but this is definitely sending a message what the white house is doing in terms of sending this u.s. delegation to russia. take a look at this. homeland security secretary janet innapolitano is leading t delegation. that's setting the first message. the second message, consider some of the athletes going along as part of this u.s. delegation, prominent gay athletes, billie jean king, tennis legend, caitlin cahow and a white house spokesperson why the president selected this delegation, it was selected because it represents the diversity of the united

states and the statement also they want it to reflect the athletes who are going to be there, they're distinguished in their accomplishments in government service, civic activism and sports. clearly the president, the u.s. is trying to snd a message to russia about president vladimir putin's anti-gay policies in that country. chris? >> jim, let's switch topics and go to a tech meeting that happened at the white house yesterday. ruffled feathers leaving it, some type of dissatisfaction. what's it about? >> reporter: speaking of edward snowden this is the reason why the president had these tech executives over at the white house, some of these executives from apple and so on were very concerned about these disclosures made by edward snowden and some of the executives coming out of that meeting were not very happy with what went on inside that gathering. i talked to a source familiar with the meeting yesterday who said that basically the meeting was really too much about healthcare.gov and of course the

white house said they would be talk about that with you they thought the focus too much about healthcare.gov and not enough on the nsa disclosures. in the words "we didn't fly across the country for a discussion on healthcare.gov" just a reflection about some of the dissatisfaction coming out of that meeting. one thing we can also report is that another source familiar with this meeting says an executive at that meeting suggested to president obama he pardon edward snowden. the president said he could not do that. kri chris. >> thanks for the reporting. it is interesting, mick, how the tech people are getting high and mighty about snowden which we understand, but not about their own policies that their users are really angry about. >> you almost wonder if there's a group of people who have a meeting with them who say hey but what. >> maybe they have more politician in them than we thought they did. nato forces in the eastern

section of pakistan coming under attack. three enemy forces were killed in the fire fight and in southern afghanistan an investigation is under way after six nato troops were killed in a helicopter crash tuesday. it's unclear if enemy fire was involved. the denver area high school gunman who critically wounded a classmate before killing himself apparently planned a much bigger attack. investigators say 18-year-old karl pierson scrawled letters and numbers corresponding to the library and four classrooms on his arm along with the latin phrase "the die has been cast." 17-year-old claire davis remains in critical condition in a coma. a harvard sophomore has been charged in monday's bomb scare hoax that led to closure of buildings. eldo kim is accused of e-mailing bomb threats in order to get out of a test. if convicted kim faces up to

five years in prison and $250,000 in fines. more than 800 firefighters are busy battling a wildfire that is burning in big sur, california, this morning. the flames have destroyed 22 buildings and scorched nearly 800 acres. 100 people have been forced to evacuate the area. right now about 20% containment. thankfully no injuries have been reported. here's one and i know you'll like this. this is one from the bizarro "breaking bad files." walter white sentenced to 12 years in prison for dealing meth. not this walter white, this walter white, the convict. his name is walter jack white. the 53-year-old montana man was sentenced to 12 years in federal lockup for possession with intent to distribute methamphetami methamphetamine. >> i wonder if the coincidence is any relief to his crimes in. >> probably not. >> life imitating art.

>> not a tv show, to jail you go. i still haven't seen the finale. >> let's not start. >> don't spoil it. i know you will. i don't want it to be over so i haven't watched it. >> you know "seinfeld" ended, too. >> what? indra, don't spoil it for me. i know you know everything. don't tell me what happened. >> i'm literally on season one. let's talk about some lake-effect snow, pretty much all that's left over the next 24 hours in erie and ontario, other than in maine where the low is exiting offshore from the system we saw yesterday. the next story is several systems out in the west that will make their way east. showing you temperatures first because it will impact those systems. here in the northeast you can tell staying cool, temperatures just a hint below normal. check out the southeast. these temperatures well above normal. look at places like dallas today, 12 degrees pof noabove n. the numbers climb throughout the entire southeast.

memphis will be 15 degrees above normal by friday. let's talk about why this is going to matter. first let's look at the first system out west, bringing light snow showers into the midwest and then some rain into the northeast by friday or so. but it is the second system, remember, this is a cold system, we could see some rain and snow where w this, a jet stream far to the south, going to interact with the warm temperatures i just showed you in the southeast. every time you see this, when you see that, you have the threat for severe weather, talking kentucky, back in through texas on saturday. you have a threat for pretty much large hail, strong thunderstorms, isolated tornadoes are possible, so you definitely want to be aware, sunday we'll see that system move farther to the east, toward the carolinas, around the gulf possibly the panhandle of florida, awareness, going to keep saying it, several days away. it is on the weekend. >> thanks, indra. before we go to a break we want to bring you a pretty great moment this morning, the video just came in, the moment when

our own martin savidge broke the news to the store owner that sold one of the two winning mega millions lottery tickets. he broke the in us that she, too, was getting a slice of the pie. watch this. >> reporter: now you know by selling the winning ticket there's also prize money for you. >> i don't know this. i don't know how much, a long time, i heard it's $25,000. >> reporter: let me just tell you it's a lot more than $25,000. >> it is is? >> reporter: it is about $1 million that you'll get. >> is it? oh my gosh! oh, my gosh. i never had this much luck. >> so interesting that both of those stories are immigrant stories, american dreams coming true. so amazing. >> sounds even better coming out of marty's mouth. sounds like a million dollars coming out of his mouth. mine is like 850. >> congratulations to you.

now the wait is on who won those tickets. >> yes. let's give them a break so they can check. coming up next on "new day" final aly sign of bipartisan teamwork the compromise budget deal is expected to pass in the senate. good news. we'll speak to one of its architects how they pulled it off and why some say the budget hurts veterans and the unemployed. remember the heat and the hype surrounding the alleged affluenza justification for lenient sentence? the d.a. is at it again trying to put ethan couch behind bars. new strategy, new result? we'll fill you in. farmer: hello, i'm an idaho potato farmer. and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere

spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what? waffle bars... fancy robes... seems every hotel has something to love... so join the loyalty program that lets you earn free nights in any of them. plus, for a limited time, members can win a free night every day. only at hotels.com

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welcome back to "new day." it looks like congress will be closing out the year on a high note, compromising. the bipartisan budget deal is expected to be passed today before signed into law. here to talk about the deal one of the architects, chairwoman of the budget senate committee patti murray. thank you, senator, for coming in. >> good morning to you. >> and good morning to you and the senate. let's take a moment when we talk about congress we don't often get to step back and acknowledge you have pulled off something we have not seen in years, a compromise without brinksmanship, without going up to the 11th hour, without screaming and yelling. what is the one thing that you did that was key to pulling this

off? >> i think the most important thing was for chairman paul ryan and i to agree that it's easy to sit on the sidelines and throw bombs at each other and to have political talking points. the challenge that we faced is that our country needed some healing, they needed some certainty, and that we needed to establish some trust between each other to find common ground. we agreed that at the end of the day, they were going to be people from both sides who didn't like a compromise but if we wanted to tell our constitch wepts and our country that a democracy can work we had to work together first. that's what we did. >> senator i we have up fond membe memories of the supercommittee. what is different this time? you had everything, the way the supercommittee was set up in 2011 after the debt ceiling deal, everything was stacked in your favor to pull something off. what was different this time that you actually did pull something off? >> you think that the trust that we had no establish with each

other, that we were going to have to make some tough choices, but that we would trust each other and compromise. that was a key part of this, and be willing to put things on the table to reach that agreement. it wasn't easy. there are things i like and i don't like. i went home to people who felt like our country couldn't work. that motivated me to make tough decisions. it motivated chairman paul ryan to do the same. >> i want to get to the criticisms in a second. first by all measure you acknowledge this is a modest measure. it doesn't get the attackling the major drivers of our deficits and debt. are you disappointed you couldn't pull off something bigger? >> here's how i looked at this is that in order to deal with the long-term challenges that our country faces, whether it is our economic challenges, getting

people back to work, long-term, facing our long-term fiscal challenges, immigration reform, any of these big issues facing us, we have to have the trust of the american people. we have to have the trust of each other in congress in a divided congress to do that. so a small step forward was important to start to reestablish that trust and confidence and that's what i believe we have accomplished with this agreement. >> so let's talk about some of the criticisms that are coming at this deal coming at you from the left and the right. first, the cuts to mull tear pensions. this is a $6 billion cut, and one of your colleagues, senator kelly ayotte had this to say to jake tapper. >> here's my question. why is it in the entire budget deal we're the only group that gets cuts to the benefits of all the people we would cut first our disabled veterans, whereas the federal employees it only applies to new hires. i don't understand the

priorities here. >> you are a former chair of the senate veterans affairs committee. you come from a military family. what do you say to kelly ayotte and to veterans. >> what i say to everyone is we had to look at how we could find compromises. there's things in this i like. there are things in this i don't like. at the end of the day if we couldn't find a compromise how we move forward then we would be facing a $20 billion hit to our defense industry, meaning layoffs, and uncertainty, and a lot of furloughs harming a lot of families across the country. so choices went in there that i didn't agree with. if somebody's got a better way and has an opportunity to do that, this, military action doesn't take effect for two years so we welcome anybody coming with a better way to do it that want to offer it and get it through a divided congress. i'm happy to look at that and support it if it's something i can agree with --

>> and unfortunately it looks like we have lost the feed from capitol hill. we'll try to get the senator back up so we can finish this interview. thank you very much for the time this morning. chris? coming up on "new day," a texas d.a. hopes persistence pays off, he's trying a different strategy to get that teen who only received probation for killing four people in a drunk driving accident behind bars. also, an indian diplomat arrested and strip searched in new york. indian officials are fighting back, retaliating against the u.s. we'll show you how and tell you why.

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we have reestablished a connection with senator patty murray on capitol hill to continue our conversation about the bipartisan budget agreement set to be approved by the senate today. senator, picking up where we were you're talking about the criticisms the budget is facing, mainly cuts to military pensions, you were talking about why that made that into the deal for good or bad that it is there. also unemployment benefits, there are some liberal members of your party on capitol hill and off capitol hill that are upset that is not included in this deal because more than 1 million folks are going to lose their long-term unemployment benefits at the end of this month. why was that not included? >> i would have loved to have seen that included but again this was a compromise, and it was something that the other side couldn't agree to. that doesn't mean the battle is over. we certainly are going to take up the extension of the unemployment insurance right after the first of the year when we return. it's an important piece of legislation but there was a lot

left on the cutting room floor. i would have loved to doctor v seen some corporate tax loopholes cut so we didn't have to take some of the other deep cuts that had to be taken in this but the fact was again if we had not reached a compromise and had this budget ready to go today to be sent to the president, millions of families would be facing furloughs, layoffs, uncertainty and we would be seeing the devastating cuts continue to be put in place sequestration was causing uncertain to our economy and government shut down. no one wants to see that. >> and so quickly senator, the attention, the focus shifts to what is next, and next on your plate one of the many things on your plate will be looking at the next debt ceiling increase that could be coming in march. republicans already coming out, mitch mcconnell included saying the debt ceiling won't be raised without negotiation, without conditions, the white house saying they're not negotiating around the debt ceiling. it sounds like deja vu.

is it inevitable with what you know there will have to be negotiations about raising the debt ceiling this time around? >> i think it's clear that the country has spoken out they do not want any government shutdowns, economic uncertainty or fights back here in congress about paying our bills. i think congress will step up and to the right thing, again next year, when the debt ceiling needs to be raised and pay our bills so that we don't send this country into another economic turmoil. >> senator patty murray, happy holidays. thank you so much. >> thank you. it's time for the five things you need to know for your new day. two lucky mega millions winners sold in san jose, california, and atlanta, georgia. they will share an estimated $636 million jackpot. police say a deadly shooting rampage inside a hospital building in reno, nevada, tuesday was not a random act. an unidentified gunman killed one victim and critically

wounded two others before killing himself. officials say it was a harvard sophomore who e-mailed in monday's bomb hoax, eldo kim was allegedly trying to avowed a time exam, he's tu due in court today and faces up to five years in prison. the president will not attend the sochi olympics and sending a delegation that includes gay athletes, this is believed to be a message to russia. the federal reserve interest rate policy, it may give clues when the stimulus will begin to slow. we always update the five things to know. go to newdaycnn.com for the latest. chris, kate? prosecutors in texas are still trying to put a teenager behind bars for driving drunk and killing four people. 16-year-old ethan couch got ten years' probation after his attorneys argued he was a product of an abusive, very wealthy upbringing that twisted his sense of right and wrong, a

psychologist referred to it as affluenza. cnn's jean casarez is here with more affluenza, created outrage this kid is wealthy, getting a different brand of justice, a different punishment. the judge said i feel what i feel, we don't know whether or not -- it's all juvenile, people have to remember this, we don't know what the judge's decision was, we don't know what's going on, we shouldn't know the d.a. is going back at this because of the prufcy rules. what do we understand? >> this is what we understand, the district county attorney will ask the judge to reconsider her sentencing decision. let's look at the facts. the judge sentenced ethan couch to four counts of involuntary manslaughter and action to indication manslaughter. did not sentence him on intoxication assault, so the prosecutor will go back and say you did not sentence him on the intoxication assault. we ask that you do that, and from what we're learning three years is the maximum punishment for that but i think the defense

will counter it on the aspects of double jeopardy. you already sentenced this man to ten years' probation and now you're going to change that? >> is this grasping at straws in what is the likelihood they could be changing this? >> the prosecution obviously wants to make another attempt. they wanted 0 years in prison for ethan couch. they did not get that. they find this loophole so the jhung will change her sentencing order but we'll have to see what happens. the next step will be the prosecution will file documents. >> this is actually fairly convoluted how hard the d.a. is charging here. this is what they're saying, you gave them ten years, you can't give him ten years on these two charges the max is only three. so we want to go at it again. essentially they're saying that was too much, ten years' probation. >> overcharge. >> we want to reassess. the problem my understanding is the intoxication assault those charges are contained in the same petition of adjudication for delinquency. theoretically the jhung already ruled on the sum and substance of those. >> exactly plus you have double

jeopardy. you can't be sentence, convicted twice for the same crime. >> probation is a sentence. what is your take on this, it is juvenile court. juvenile court is very different from regular criminal adjudication in terms of the aims and goals of what you try to do. >> that's right, rehabilitation is one of the prime goals when you're talking about a juvenile. ten years' probation is really not a cake walk when you think about it, because he are be sent to a rehabilitation facility, have no contact with his parents for a couple of years, but in the next ten years until he's 26 years old, and you know terms of probation are very, very specific, if he violates that, he'll go to prison for ten years. >> if he doesn't take rehab the right way they could kick him back into the system and activate his sentence. >> yes. >> still it's that word affluenza. i'd like to know, we can't because of the privacy, i have a feeling that this judge made her decision on things that go far beyond this one outrageous word

and the psychologist. >> i agree, would it still be there if this affluenza term didn't come up? i think the outrage might still be there. >> the term as you said, came from the psychologist, didn't come from the defense. it came from the psychologist as in understanding what he did and why he did it. >> drunk drivers almost never get sentences of other manslaughter offenses. if you and i wind up in a fight, you kill me, didn't intend to, you get a different sentence all the time than someone who is driving drunk but it's made people really angry. that is motivating the d.a. >> and "i'm ethan couch, i can get you out of this" that created a lot of outrage for that state of mind. >> reinforced the prejudice it's no surprise that the d.a. is trying very hard. whether or not it's within the system remains to be seen. jean, this is not an easy one. thank you for doing that on short notice. coming up on "new day" on arrest of an indian diplomat in america, india is retaliatinret

what they're doing and what started all of it. saving for a rainy day, the unusual move by the knabe rookie to hold onto his millions to protect his millions. carter williams joins us. (vo) you are a business pro. seeker of the sublime.

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welcome back to "new day." the arrest and attention of an indian diplomat in new york city has created a dangerous situation in new delhi. let's explain why. the diplomat was taken into

custody on charges of visa fraud. the indian government has summoned the u.s. ambassador and even removed the security barriers from outside the u.s. embassy there. this is the result of this initial instant in new york. pamela brown is here to explain it all. this is such an international mess. >> this started last thursday when the diplomat was arrested and there's been a ripple effect. indian officials seem to be more outraged over how she was arrested and why. american officials are acknowledging this diplomatic dispute is a delicate issue. watch as police remove the concrete security barriers in front of the u.s. embassy in new delhi. newspapers in india reporting the government is behind the anti-u.s. protest. why? retaliation sparked by an arrest of this indian diplomat in new york city, debbianie khobragade. according to this criminal

complaint khobragade severely underpaid her babysitter only paying her $3.31 an hour, far less than minimum wage. the complaint also alleges the diplomat worked her babysitter far more than the 40 hours per week, allegedly without overtime pay and then lied about all this on visa documents, a violation of u.s. law. >> my daughter has not done anything wrong. she has nothing to do with the visa process. >> reporter: state department diplomatic authority arrested her after she dropped her daughter off to school. her lawyer says she pleaded not dpilty. her arrest sparked outrage among indian officials, some calling her treatment barbaric, one even calling for the partners of gay u.s. diplomats in india to be arrested, the country recently banned gay sex. >> what the government of india can do immediately is to cancel those visas, arrest all these

companions, put them behind bars. >> reporter: indian officials also snubbed u.s. delegates visiting india, one tweeting "refused to meet the visiting usa delegation in solidarity with our nation." >> more steps should be taken against the united states until they give an unconditional apology. >> reporter: u.s. marshal service officials stand by their strip search procedures saying they treated the diplomat the same way they treat everyone else. >> thus far all indications are that appropriate indications were followed but nonetheless we understand this is a sensitive issue and we're continuing to review exactly what transpired. >> khobragade's lawyer told cnn his client is protected from the charges by diplomatic immunity and that he expects a prompt resolution but a state department source i communicated with this morning told me "she does not have diplomatic immunity and she was breaking the law so her limited immunity does not apply." that source also adding that the u.s. is talking with india right

now, but that there is no negotiation taking place to work out a deal for khobragade. we will be keeping an eye on this developing story. >> talk about a mess. thanks so much, pamela. time for "the human factor." one of the players of the seattle seahawks is accomplishing something few other players have. dr. sanjay gupta has derek coleman's story. >> reporter: derek coleman is playing in the nfl for the top team in the league, the seattle seahawks. in high school he was ranked the number two fullback in the nation by espn. next stop, ucla, where he was a running back for four years, and now the 23-year-old is showing his versatility as a fullback for the seahawks, scoring his first touchdown in the pros earlier this month. he's gotten this far with lots of hard work and by overcoming something only two other players in the entire nfl have. he is legally deaf, the result

of a rare genetic disorder. >> basically i lost my hearing when i was 3. i've had hearing aids ever since. >> reporter: how does he do this? his skull cap keeps his hearing aids in place and? >> i can read lips and i can read lips very well, so what i do is you know, when i can't hear something i'll always go and make sure i'm looking at the person, the person, the quarterback or whoever, they look at me. successful people, in my opinion, they always find a way and you really want to be successful, you have to find a way. >> reporter: dr. somethinging, c sanjay gupta, cnn, reporting. >> if you want to be successful, you have to find a way. great lesson coming up, he has the moves on the court and nba rookie michael carter-williams is showing impressive financial moves off the court, he's playing it safe. we'll go i have you details. ya know, with new fedex one rate

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♪ pad news is, storms are coming. good news is they're not as bad as the storms that came. isn't that right indra petersons? >> it's different, they're not as cold. that's the big key.

today we have leftover system from yesterday so yes more lake-effect snow and in maine as the low is trying to exit offshore. you can still see several inches of snow. cold in the northeast. temperatures back to seasonal over the next several days. in the southeast temperatures are going to be soaring here to well above normal, almost near 70 degrees. that is key because here come the next systems out there, first one into the midwest we could be seeing light snow showers into the northeast, some rain by friday but it is the second one i really want you to pay attention to. today it's ranbringing rain int southern california. notice as it makes its way across you have that warm air in the southeast, a cold system coming up against a warm system. the threat for severe weather, kentucky through texas you have a severe weather threat saturday through sunday. the system shifts to the east into the carolinas and panhandle around florida and around the

gulf. that's the story, going from the big huge cold snow systems to the warmer systems with severe weather. little bit of temperature change, changes a lot. >> so the lungs are the real place to look out for. >> look for the big red blob. >> you need to see a doctor. >> meteorologist term, lungs. >> good to know. thanks, indra. all right guys, michael carter-williams from the philadelphia 76ers joins us live. we have to go to the couch. when i first graduated from college and started college i was doing my best ron burgundy impression, the mustache, the whole persona. >> i heard he suggested building a wall in berlin so he could deliver the news, when it was knocked down. >> real action poison, where do you buy poison? >> he's the most legendary news anchor in history.

>> real actual poison. where do you even buy poison, wolf's best. >> wolf deadpan. nba point guard michael carter-williams is long and strong this guy. tough to stop on the court, in contention for rookie of the year but we're praising him for a different reason. why? the 22-year-old carter-williams put part of his salary in a trust that he can't touch for three years. why such a smart move? we should note on average 60% of nba players declare bankruptcy after retirement. keep that in mind. michael carter-williams joins us live from philadelphia, we couldn't have you on set because you got the games coming up and you're too tall and i didn't want you here. so tell us -- >> how are you doing? >> good. >> first of all congratulations on a phenomenal season so far. i'm sure he living the dream. tell us how this came to be? >> thank you first off and this first came to be definitely a

big team discussion. i think with my family and my academic adviser, who you've known since, for a while now, we all got together and they came up with the idea and i couldn't agree more. i still have my freedom to spend some money with my nike contract and panini contract and i'm not a real big spender anyway, so i'm really concerned about saving my money and trying to save it for the long run and it was a great idea and my mom actually, she does this for a living, she has her own company called carter and tracy incorporated, and she helps young athletes get started and whether it's dealing with housing or dealing with their money, and i know she always has best interests in me, not only

because i'm her son, but because of what she does for her job. >> you know, a lot of rookies might talk about this as being a good idea but actually going through with it is a completely, i mean it's clearly an unusual step. we want to talk to but it. what are your teammates saying about it? what do they think? >> they didn't know for a while. when everyone, ellis found out when it went public that's when they really found out. lot of people say they do it and they don't do it because they see their other teammates spending a lot of money and going places. i got some great advice from veterans who have been in the nba and they always told me don't try to keep up with the joneses. go at your pace and save your money and once you have it and you have some saved, then you can spend a little bit, because you do work really hard for it.

>> you sure do. >> i'm not -- so i'm just trying to save it and then spend a little bit when i have some money in the bank. >> let's talk about that. i can imagine this was a conversation that was going on for a while. they knew you had some skills as a young man, so i imagine this foundation has been set. i'm curious why you chose the three years. are you going to reevaluate that plan after the three years and further work on your portfolio? you don't have to give me all your insight on all your secrets but what are you thinking? >> definitely. are three years i'll reee vvalu what i saved and my contract after three years is up then, and just to see how much money i was able to save for those three years can determine the next how many years of my life. if i do a good job spending, if i do a good job with managing my

money for these three years, i think i'll be able to do a better job managing my money after that, and if i slip up or if i spend too much money, then i'll learn my lesson for those years, but limiting the chance of me slipping up. >> that's why it's smart. you're also using your head and your heart. tell us how important special olympics are to you, the big event coming up. what are we doing? >> it's really special to me. it's been like that since i was young, my mom, one of her best friend's son has down's syndrome and he was really into sports and things like that, and he actually used to live with us so he was outside in my backyard all the tomb playing sports and it was just a great thing to see and to see how much passion people who are in the special olympics have, and they love the

game and have passion for it, just as much as we do, and they work really hard and so for me to be involved in that is something that i definitely want to do, and it's something that i'm proud of. >> we're proud of you. boy, are we. >> thank you for giving us the insight into the smart way to deal with the big contracts and good luck to you, except against the knicks. >> ha, ha. maybe some of the other guys in the nba, the rookies will get the ihint, too, and do the same thing. we'll take a wreak. i don't want him to come after me. today is a lucky day for the mega millions winners. what if they gave the money away, crazy, right? we'll introduce you to someone who did just that. you know what it is because it's on your screen. "the good stuff." has the fastest retinol formula. to visibly reduce fine lines and wrinkles in just one week. neutrogena®.

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snoetsz red hot chili peppers for "the good stuff." i don't know what i'm saying. we haven't got to meet the people who won the lottery yet but now we want to talk about somebody who is a winner in more than one way. back in may canadian tom crist won $40 million. he's giving away all of the money to charity in honor of his wife who died two years ago from cancer. tom spoke with our affiliate by phone. here's what he had to say. >> she'd be 100% behind it. she was a very givinger. . you can ask anybody that knows her, any of her friends. not just who she was, and she made me a better person, there's no doubt about it. she'd be ecstatic with this announcement. >> not ridiculously wealthy but he says he's done well enough, doesn't need any more.

he says even his kids are okay with it. they'll eventually be in charge of the fund being set up in their mother's honor. that is the good stuff. >> good job, tom. let's get you to "the newsroom" with carol costello. >> have a great day. "cnn newsroom" starts now. -- captions by vitac -- www.vitac.com good morning. thanks so much for joining me. i'm chris cuomo. holidays will be richer if you're holding one of the two mega millions tickets. they'll split $636 million, the winning numbers 8, 14, 17, 20, 39, the mega ball was 7. ticket sales leading up to last night's drawing were brisk. in florida tickets sold at a rate of 8,000 per minute at one point. but with