today in kansas city will be getting a free box of donuts every month for a year. >> plenty of energy. >> if you're in new york, it's probably out of time but if you're in l.a. maybe you can still be part of the 1,000 customers. >> see you later. >> fox news alert on a terrifying scene in southern california. at least 30 people injured, two of them critically when this commuter train slams into a produce truck early this morning in ventura county north of los angeles. so far there are no fatalities to report at this time. but quite a scene as you're witnessing on your screen. five cars were derailed, three knocked on their side and the track is destroyed. the driver of the truck survived the crash and had fled the scene but he was apprehended about an hour later. so a lot to this story. our reporter is heading to the scene right now. we'll have much more on this developing story throughout the show.

jenna: as the clock ticks down, mitch mcconnell has a new plan for immigration and separate stand alone bill. we have a new strategy. welcome to "happening now." i'm jenna lee. jon: and i'm jon scott. it would overturn the president's immigration actions from a d.h.s. funding bill. that sets up separate bills allowing republicans to set up opposition to the immigration plans and still fund the department of homeland security. what is unclear is how they would get it done before friday's deadline. let's check in with chief congressional correspondent live on capitol hill. mike? >> good morning. senate majority leader mitch mcconnell is encouraging those

who believe president obama went too far to back immigration on the new bill z. this targeted measure would address the president's most recent overreach from november. bill isn't tied to d.h.s. funding. there's no excuse for our friends on the other side to oppose it. >> top democrats are calling on their colleagues to hold off the debate on immigration and fund homeland security first. >> we have a couple of bills on the floor that we can't get to in four days. funding expires on friday yet last night the majority does nothing to fund homeland security. nothing. >> eight senate democrats have said they have concerns or reservations about the president's unilateral action on immigration in november. now republicans say there's no excuse and it's time to reject the executive action. main independent senator king has also said he has constitutional separation of powers concerns but he supported a democratic filibuster so far.

now one of the senate democrats says he'll vote for the new legislation. >> i will support the actions as basically on a bill that will prevent the president from his executive actions. i would support and vote with him on that but we need to have a clean vote on the homeland security bill. >> it is still not clear how long the senate would fund homeland security, whether it will be through september or a few months. it is also not clear exactly how rank and file house members feel about this new split plan floated by mcconnell jon? connell: interesting day ahead. thanks, mike. >> thank you sir. jenna: president also weighing in. the president is upping the pressure on lawmakers to fund the department of homeland security. this morning he published an op ad for the hill newspaper. he writes, quote, it's time to end the era of manufactured crises. put politics aside and focus on doing what's best for america.

so all i will fight any attempt to turn back the progress we've made or break up families across the country. i welcome the opportunity to work with anyone who wants to build on the improvements we've put in place and fix our broken immigration system once and for all. again, the president in an op ad today. here is what the secretary of homeland security had to say. >> the american public needs to understand consequences of permitting a shutdown of the department of homeland security. jenna: a lot of politics at play. here is what would happen if d.h.s. runs out of money on friday. about 30,000 administrative staffers would be furloughed. 85% of the agency or about 200,000 employees, includes customs and border patrol secret service, active duty coast guard military members and t.s.a. agents would be required to report to work. those rochestering workers would go

without a paycheck until the problem is resolved. they say it makes it nearly impossible to adjust for new needs lie new border security or extra secret service agents for the 2016 presidential campaigns. jon: for more on this let's bring in the reporter for "the hill" and neil who covers the senate for "roll call." welcome. thanks for being here. kevin, it was in your newspaper that the president published this op ad. he talks about full legal authority to do what he did that has triggered this fight, changing the immigration rules and so forth. he said 20 times that he didn't have that authority. how does you know this incredible turnabout come about at the white house? >> well president obama today, jon, in an exclusive op ad with the hill newspaper is saying that he will fight back against any attempts to stall or delay his immigration executive order. he criticized a texas judge's

ruling that effectively has temporarily stalled the administration's efforts to carry out their executive orders. he also called it quote, unquote, irresponsible for the g.o.p.-led congress to in any way, shape or form partially shut down d.h.s. jon: we have breaking news on the crash in california. >> local and state agencies as we attempt to locate both of them. michael's last known address is new castle delaware. he's not there and neither is the little girl. michael's last known address was in the area of mount more new jersey. he is described as a 43-year-old caucasian male 5' 8" approximately weighing 160 pounds balding with a scruffy beard and mustache last seen wearing all black clothing. he's considered armed and

dangerous. he has warrants for his arrest stemming from a previous assault on february 15 involving eleanor's mother. jenna: we're going to get back to our political panel. what we thought we were going to is a presser on the massive train derailment in california and by the way, it looks like according to the information that's coming in that the situation there has changed somewhat. we do know that there are some critically injured and we'll show you a shot as soon as we can of that scene in california just north of los angeles. we thought it was a presser on that explaining what was going on. what you just saw there, though is an amber alert that was issued along the east coast. that is why there's some breaking news on that. we had a little bit of confusion so we'll sort that out and get you back to breaking news out of california as soon as we can. in the meantime back to politics. jon: back to our discussion of funding the department of homeland security. neil and kevin are with us. mitch mcconnell has been over a

barrel, trying this new tactic. the question is will it work? >> i think that the first thing we need to figure out is whether or not there are enough democrats willing to go along with even taking up senator mc connell's new plan. he would need obviously six of them if all the republican senators are in town just to take up this proposal to split off the debate over defunding or blocking funding for the president's 2014 immigration actions from the broader question of funding the department of homeland security but there might be a chicken in the egg problem here where you might be more amenable to having a debate over immigration, they've said, after funding the department of homeland security. so the question for mcconnell may be which one of these does he move first and does he, in fact have any trouble with even his own members if he were to try to move the homeland security funding before the d.h.s. -- before the debate on

the immigration matter? >> a lot of people are watching this and saying wait a minute. we thought republicans ruled the roost on capitol hill now. why can they not get a bill or you know, move something with just republican votes? >> that's a great question and you know leader mcconnell has said that there would be no more clips, no more partial government shutdowns and the american people were largely with him but this is a perfect example of why a super majority is so important, especially for a political party trying to get through their political agenda which as we all know republicans don't have. and so democrats have effectively stalled in the senate. the bill that i think most republicans would like to see go forward and now leader mcconnell and republican leadership are in between a political rock and a hard place. and they're going to have to decide are they going to partially shut down the d.h.s. or are they going to split off

that type of d.h.s. proposal in order to get a comprehensive funding bill through by midnight deadline on friday? >> neil just said that democrats have stalled the bill in the senate but it seems like republicans are getting the blame. >> well the problem for the republicans is that it's been clear for weeks that the democrats would not allow the bill that came out of the house which locks funding for president obama's actions to advance so the problem for the republicans have been until senator mcconnell came out with his newest proposal on monday there had been really no alternatives that had been floated by the republicans to the one bill strategy so they're kind of pushing this to the crunch time but that may be part of the reason why the republicans are facing such blame, it seems, at least in the public at the moment because there was -- there were weeks of repeated votes that yielded the

same result. >> kevin the two branches of government are generally sensitive to power grabs. this has long been described as a power grab by the president but democrats especially in the senate seem to be willing to let him get away with it at least for now? >> what's interesting is we just saw the list that you had on the screen of a couple of key senate democrats who are leery of this. i mean these are folks who aren't necessarily -- you know, who are in the president's own party that have some concerns about this but you know i think the bottom line is that for republicans and neil alluded to this, we're entering into the 2016 election cycle and republicans have consistently said, we all know this about how they would like to have a more inclusive party and a lot of the strategists that i talked to note that they want in -- and

the republican party say they would like reform. they want to see jeb bush leading the party on the issues of immigration. that type of battle lines being drawn between the tea party as well as the more centurist republicans on full display in the house and will be in the next couple of days as we inch closer to the deadline. jon: potentially an ugly battle ahead. thanks for helping us look at it. thanks. >> thank you. have a great day. jenna: back to developing story out of california this morning. early this morning, 5:45 a.m. west coast time you see the effects of what happened there. a train apparently and a produce truck, we don't know the specifics on how they collided but a big collision. multiple injuries. we're getting local reports as many as 30 people injured, some critically so we'll bring you back to that scene and stay on the story and try to find more information as it comes available to us. in the meantime new developments involving a person connected to the murder of holly

bobo whose body was found years after she disappeared in 2011. we'll get you caught up on that case. also pro russian rebels claim they're going to pull back weapons and war torn eastern ukraine as part of a shaky peace deal but ukraine's government has a different story. and we want to hear from you. are you worried about a shutdown at the department of homeland security? join the conversation. just go to fox news.com/happening now and click on america's asking.

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jenna: gun fire erupting at a restaurant in the czech republic. greg has all the breaking developments. what more do we know about the shooting? >> we've been talking to contacts in czech republic and watching the local media there. we're getting more details about a deadly shootout in a restaurant in the czech republic. we believe nine people have been killed including the gunman. it happened in the small town about 180 miles southeast of

prague. 60-year-old man, we're told, it burst into a restaurant and shooting according to one eyewitness mindlessly. he fired 25 rounds from two guns. it's believed it was a rifle and a pistol. it happened sometime after 1:00. the restaurant was full of diners. eight were killed a waitress seriously injured and then the shooter, according to various reports, turned the guns on himself, committed suicide. reportedly from the authorities, there's no terror relation to this incident. we believe it looks like a crazed individual according to one account, mentally unstable according to another. even called a tv station to tell them to come on down because in his words, he had a lot of enemies in town. there was a lot of police at the scene. czech officials arriving. jenna: we've seen the news cycle out of europe over the last several weeks. i know you're on scene for most of that, greg. let me ask you about what's going on in the ukraine.

we're watching that closely. a lot of conflicting reports about whether or not russian backed rebels are pulling back or reengaging. what are you hearing today? >> a bit of he said/she said on that issue of pulling back on heavy weapons. speaking to a top rebel official he tells us they are moving 100 large pieces of artillery from a large city. it's part of a peace deal we've been talking about and we've been in touch with the ose international monitors and they cannot confirm this is happening. ukrainian government, we spoke to them and they say they are disputing the claims of the movement of weapons and they won't move their own weapons until they're sure there's a cease fire. they claim the rebels are firing on a few locations including maybe what could be the next hot spot, a major coastal city held by the government. finally, the man many blame for a lot of trouble there speaking

out. russian president vladmir putin in a state television interview yesterday saying and i quote, it is unlikely that there will be an all-out war between ukraine and russia but he went on to say, and i quote here too, ukrainian officials should return their country to its normal life. but he would say that wouldn't he? jenna: point well taken. thank you. jon: let's get back to breaking news on the west coast. the derailment of a commuter train in oxnard, california. apparently a truck was stalled or maybe stopped on the tracks. commuter train smashed into three cars. they're overturned lying on their side. the fourth derailed. scott johnson is a spokesman in california. last we heard, there were 30 known injuries but no fatalities reported. is that still accurate? >> that is still accurate and i think the local fox affiliate is

doing a good job locally. our train departing the station, there was a truck that for some reason had come to a stop a rest on the intersection. the driver of the vehicle had vacated and fled the scene but our engineer even though he saw the track was not able to come to a complete stop before the collision resulting in three of the four passenger cars coming to rest on their respective sides, both the locomotive and the one car that is still upright is derailed but at this point, all of the passengers have been extricated from the scene and have been transported to the local care facility. jon: so the driver apparently stalled or stopped the truck on the tracks and then left? he just left the truck there as far as you know? >> exactly. from what we understand, from the local authorities, the oxnard police department with

along with ventura fire department, the vehicle has been abandoned. how or why it came to rest at that point is still under investigation but they have subsequently taken the driver into custody and being questioned now. jon: scott johnson, spokesman for metrolink, just a note in 2008, net row -- metrolink commuter train crashed on that same route. 25 people killed. the fact you have injuries but no fatalities is something of a miracle at this point. thanks very much for being with us. >> thank you. bye-bye. jenna: once again, more information on that we'll bring that to you. in the meantime this could be a game changer today on the peanut allergies front. what researchers say infants should be given significantly lower their allergy risks. we'll see that plus isis overrunning villages in syria and now there's word the terror group took dozens of christians hostage.

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visit comcast.com/wireless to learn more. jon: a new study on peanut allergies that seems to go against conventional thinking. it finds that feeding infants at risk for peanut allergy, a small amount of peanut protein lowers their risk for allergy. doctors say exposure should come between four and 11 months old and that the infants, just as those in the study, should be tested before to make sure they don't already have the allergyies allergies. more than 13% of kids who avoided peanut allergy -- peanut protein, i should say, developed an allergy. less than 2% of those exposed to peanuts did so. much more in the next hour of "happening now."

jenna: overseas, very serious report out of northern syria where there are reports that isis terrorists staged raids on villages and took at least 70 christians hostage. now former c.i.a. analyst and senior fellow with the senior for security policy fred, it passes precedent. you have to be concerned for these people. what do you expect here? why is isis continuing to do this? >> good morning. i'm very concerned and i've heard reports that there could be a couple of hundred syrian christians who were taken hostage by isis but this isn't confirmed yet. on one hand this is the latest example of isis strategy to grab headlines and grab the news cycle by staging acts of atrocity to intimidate the west anyone who stands up to it and will recruit followers but there are other things here. isis reportedly wants to trade some hostages for isis members who were captured by the kurds.

the problem with that is isis can't be trusted. it said it wanted to trade hostages for people being held by another party but the people isis was holding were already dead. i'm also concerned that isis is planning a series of atrocities in the runnup to a possible offensive to take mosul to intimidate iraqi and kurdish troops. jenna: interesting. it is impacting the news cycle, these records. we can't confirm them but they're horrific enough we feel compelled to cover them. do you think perhaps we're doing the wrong thing, that we shouldn't give isis the attention they want? >> well i think isis is turning to really huge, horrific attacks because the shock value is wearing off. these things have to be reported. the problem is we're in a war perceptions devices because the united states and european powers will not send in ground troops in iraq and syria.

there's a good reason for that. american people don't support it. europeans don't support it but there's a lot we can do short of sending in american troops. why are we arming iraqi kurds? why don't the iraqi kurds have heavy weapons? why are we not arming friendly militias to attack isis? number of air strikes in syria is a pittance to what we should be doing. 25 air strikes a day? there should be at least 10 times that many. if we gave the perception it was losing, it would not be able to grab the news cycle. jenna: interesting. what we are seeing though is an announcement of a change in strategy perhaps from the department of justice. the assistants attorney general for national security came out and alluded to this yesterday and said, if there's anyone that is spreading isis propaganda to someone not an imminent threat, perhaps to the public but is a sympathizer with isis here at home putting on social media anything that has to do with perpetuating isis' themes, that

perhaps so they could be arrested and they could be prosecuted because of that affiliation, i don't want to get into the free speech part of this as much although that's a big part. i'm curious on your expertise whether or not this would actually work, whether or not going after the propagandas would be as impactful as going after the guys that are actually doing the beheadings. >> well we can't tweak our victory. we can't stop isis twitter campaign but a sophisticated message to spread the message through social media and twitter and within reason, something should be done to stop that. but you're right. this should be a small part of a much larger campaign since this administration doesn't have a serious strategy to go after isis, it's not enough to defeat it. jenna: always good to have you on the program. thank you. jon: federal inspectors release a new report on the deadly train crash just north of new york city.

why they say an s.u.v. was on the tracks 30 seconds before impact and we'll tell you what experts are doing to make sure it doesn't happen again. plus bitter cold and freezing rain creating dangerous conditions for millions of drivers across a broad section of the country. when is all of this going to end? >> it was like it comes upon you and you don't know which way it's going to go so you have to go real slow. >> he should have not slammed on his brakes but like everybody that gets on the bridge he slammed on his brakes and then have the double jeopardy.

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jenna: fox news alert. back to breaking news out of california today. we were just listening to some great information from the local fire department there. they gave us an update as to what happened after this train collided with some sort of truck on the tracks around 5:45 this morning. what we are now learning is that there are 51 victims. that is much higher than we first reported to you. 30 people were injured was the first report we received. now we're seeing that that number is around 51 victims. however, no fatalities. you have 28 people transported to the local hospital. four critically injured. certainly still developing, a still developing story. but, out of 51 victims, no fatalities. as you can see on the screen there, a dramatic, dramatic crash. will carr is live on the scene there with more on what we're

learning will, about what happened, what caused all of this? >> reporter: good morning, jenna. i want to set the scene. we're 60 miles northwest of downtown los angeles. this commuter train was heading to l.a. this morning through oxnard when it crashed into that tractor-trailer. take a look. see what is left here. it is charred. we're told seconds afterwards there is video of the truck fully engulfed in flames. the authorities are saying the driver of that truck fled from the scene, and has since been arrested. why? we're still not exactly sure. right after this happened triage became a top priority. we saw them set up colored tarps to separate the seriously injured from the rest. firefighters were helping pull passengers out of derailed cars. like you just mentioned, 51 people now injured. including a conductor and engineer. four people are in critical. but the important part no fatalities here. this is a push train. that means that the engine is

behind the cars. there is really nothing to buffer the passengers from a collision like this. but after big collisions with metrolink trains in 2005 and 2008, they actually implemented collision technology which makes the train cars expand outwards instead of crumbling. it appears that is what happened here. one former ntsb member said this appears to be a successful derailment in the sense of the trains are still intact. as you see there are no fatalities here. obviously a big crash here. investigators still on the scene. we're expecting the ntsb to come to the scene. potentially later today, jenna. while they still try to figure out exactly what happened out here this morning. jenna. jenna: one interesting point will, about technology there, perhaps, perhaps it was one of the reasons why we haven't seen fatalities. can you set the scene for us a little bit more. the area you're in, as far as commuter rail, how many people use the commuter train on regular basis?

are you in farm country? are there a lot of heavy equipment being moved around in that area where we could find perhaps a truck could be left or stalled on a track? >> reporter: we are in a very farm country type area. so they said that there is a lot of semi-trailers that use this road going back and forth. it is unclear what that tractor-trailer was doing here. the fact that the driver ran is highly suspicious but we're still trying to figure out exactly why that was, why he has been arrested. as for number of people who may have been in this train they're still trying to figure that out because the conductor was injured here. they say it was most likely around 100 people because this was the second stop of the day here. so they're still trying to figure that number out. again, no fatalities but 51 people injured four people in critical condition jenna. jenna: some great information there for us, will. a very busy scene as we're seeing around you.

great shots for us today. will, back to you as we learn more about what and there. thank you very much. jon: as we cover the breaking news on that train crash in southern california, the national transportation safety board is out with a preliminary report on another crash, a deadly commuter train crash earlier this month, just north of new york city. six people died when the train collided with an suv on the tracks in that situation. laura engle is joining us in our studio with a live report. >> reporter: hi, guys. the national transportation safety board's preliminary report revealed train engineer in the new york case did try to stop, we still don't know why the driver of the suv drove on to the tracks instead of backing up. every three hours a vehicle or person is hit by a train in the united states. according to the federal railroad administration. safety experts say most of those accidents could be avoided if people didn't push their luck trying to beat trains across crossings, ignoring horn,

ringing bells flashing lights and closing gates, if they even noticed any of it at all. the train safety organization operation lifesaver, says distracted driving is one of the biggest dangers. it released a series of public service announcements to show what could happen if you absent-mindedly swerved in the path of oncoming train. >> we can't people away from the cell phones and no texting while driving, to focus what is going on around you and react in safe appropriate way. >> reporter: meantime railroad safety equipment manufacturers are engineering new technology to prevent these accidents, including a new train detection system that signals safety gates close up to three minutes before a train barrels through. >> it is the human nature component that is the greatest variable. we can engineer the systems to where they function and function properly. it is, when we introduce the human component that we have the

we, just do the best possible job that we can for the worst case condition. >> reporter: so far only a handful of these detection systems are in service because as municipalities and manufacturers agree people don't want to wait that long. but as we know, just waiting will save possibly your life and the lives of others. jon: yeah. very sad situation. and that ntsb report, they're still coming out with a full report later on, right? >> reporter: it will take a few months to get the final report on the cause. jon: laura, thank you. jenna: the lawyers in the resentencings trial of convicted killer jody arias are expected to make closing arguments today to turn the case over to the jury. the information they must weigh when making a life-or-death decision. a new study says drugs that are used to treat depression may not have effect some users hope for. our doctors weigh in next. help an oil company overcome minus 47 degree temps,

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andrea, harris what do you have. >> hey jon. new reports that isis abducted up to 100 christians in syria, raising questions about christianity's future in the middle east but is it our place to go and defend them? or would that be playing world cop? a big debate. also the man the president obama tapped to turn around the scandal-plagued veterans affairs, is caught lying, for the second time in several weeks. what he is now apologizing for. >> and, the nypd responds to the so-called, chokehold death of eric garner by using, did you hear this a patrick swayze movie, to teach cops to be nice. we will tell you which one. >> i've seen him do it. #oneluckyguy has worn the nypd badge. he will weigh in from all that experience. more on "outnumbered" at the top of the hour. jon: that will be a good segment. looking forward to that. >> thanks. jenna: turning to health news now, the use of antidepressants is on the rise but a new study

looking at impact of these drugs on healthy people shows if you're not clinically depressed there could be serious repercussions. we have a educational psychologist and graduate of executive studies and a dr. cooper director of health policy at vanderbilt medical center. he has done extensive studies on antidepressants. welcome to you both. millions of americans around the age of 12, have taking antidepressants. research said it could actually make them feel more anxious and perhaps more depressed. is that true? >> yeah jenna that really highlights an important issue related to medications. if you use a medication in a condition where the condition isn't present it can actually have side-effects that could be worse than the condition that you're treating in the first place. jenna: dr. williams, how do you know, if you're clinically depressed versus just have the blues? i mean it is winter.

i'm sure lot of people feel that way. how do you determine that when someone actually needs an antidepressant? >> i think working with someone like my colleague at vanderbilt do an assessment. have an expert determine whether or not it is serious clinical depression chronic, may require intervention or treatment may be pharmacological, like antidepressant like prozac. however, jenna, the majority of those persons, experts who are prescribing medication don't know much about mental health. they're primary care physicians. i'm not feeling good. feeling bad couple days couple weeks. they write awe prescription. next thing you know you're popping pills. they normally don't even refer to you mental health professional getting what we call talking cure. combination of talking cure and antidepressants when appropriate for patients can have tremendous positive results. >> dr. cooper, this is echoing some of what you found.

you have seen a large increase of number of children and teenagers placed on these medications and pregnant women as well. i just had my first baby. pregnancy is crazy. many times you might feel you need medication but giving a pregnant woman antidepressants and seems more prevalent seems shocking. >> as dr. williams suggests, even pregnancy you have depression or need therapy or talking cure with medications that will be helpful n cases where there is not really clear diagnosis it can actually create problems for both the mother and developing baby. jenna: how concerned, are you dr. chuck, even in your practice, you deal with a lot of children as well? for example, even a statistic stated one in 10 americans, had to offer disclaimer one in 10 americans over the age of 12 because teenagers are taking a lot of antidepressants according to what we're seeing here anecdotally. how do you feel about that as

someone who is trying to help people? are antidepressants helpful, number one, and number two how do you determine who gets them? >> well jenna, first let me do an ethics check and say, yes as my colleague can attest to for people who can use it and physiological and pharmacological effects can work together. therefore there are minimal side-effect, they feel better upbeat positive things turn around. it's a good thing. it can work. the problem is it is a 11 billion-dollar a year business. make no mistake about it. this is also about making money for big pharmaceutical companies. they're pushing on primary care physicians. they give them little trinkets. have them travel around the country. push it to patients. pharmaceutical companies make money. children are walk around like zombies, like "the walking dead." they're 13, 14-year-olds old.

they're not excited or passionate about anything. tough be very careful because antidepressants can wreak havoc on the brain and and can have significant impact on person's mood which is not always negative and side-effects can also be horrible. jenna: dr. cooper, let me talk about what dr. williams dr. chuck had to say. how well have we studied antidepressants really? seems they have been around for a while but the prevalence of usage has certainly gone up? do we really know all the side-effects? >> we need more information. like many drugs with children we have many medications available often times people use them in ways not be in the best interest. so we have to continue to collect data to try to understand whether, not for individual patients, whether the risks outweigh the benefits and for whole populations, we need to have those answers as well. jenna: very interesting. we thought one of the reasons we wanted to highlight this if you're not clinically depressed get on antidepressants you get

an negative loop keep taking medications think i have it is helping but you may not be. maybe some questions to doctor ask. dr. chuck, dr. cooper, thank you both. >> thank you jenna. jon: bad news if the medicine isn't doing what you think it is supposed to do. jenna: that's scary. jon: apple proving once again it is tops on wall street. a staggering new share price and how the tech giant taxes up against its closest competitors. closing arguments setset to begin in the sentencing retrial of convicted murderer jody arias. we have the latest from the court house in arizona next. right? wrong. because you're not you you're a cancer hospital and your daughter... she's a team of leading researchers... and that brilliant idea is a breakthrough in patient treatment that could save thousands of lives. which means you need a diverse team of advisors helping you. from research data analytics all the way to transformation of clinical care. so you call pwc. the right people to get the extraordinary done.

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now with the xfinity tv go app, you can watch live tv anytime. it's never been easier with so many networks all in one place. get live tv whenever you want. the xfinity tv go app. now with live tv on the go. enjoy over wifi or on verizon wireless 4g lte. plus enjoy special savings when you purchase any new verizon wireless smartphone or tablet from comcast. visit comcast.com/wireless to learn more. jenna: apple hitting new highs on wall street. share prices topping $130 in trading that ask where it closed yesterday. that means the company is worth a staggering $775 billion.

that is more than double exxonmobil and any other publicly-traded company. according to record keepers at s&p, last time biggest company by market value hit the mark was 30 years ago, when ibm was king of the hill. the big question will apple ever cross the trillion dollar threshold? we'll have to wait and see of the dow is trading higher at this point. jon: i remember when that stock was 13 bucks. new information on the sentencing retrial of jody arias. she was convicted of first-degree murder in the brutal killing of her boyfriend. now closing arguments set to begin as the jury weighs whether to sentence arias to life in prison or give her the death penalty. adam housley is following the trial. he is in our los angeles newsroom. adam? >> jon the final decision is finally near. this trial seems to go on forever. jody arias already found guilty of killing her boyfriend, travis alexander. the jury could not decide at that time whether to give her the death penalty or life in

prison. so they retried that part of the case. we're told by the judge they will allow live proceedings when the verdict is announced. closing arguments begin her shortly this morning. that is kind of a big deal because we have not seen jody arias live on this trial during this phase. we've seen taped here and there. jody was someone who loved the camera from the outset of this trial and even before. the judge final moment as you say, beginning this morning when later on jurors will get the january to get the instructions from the judge after close arguments. all kinds of drama. yesterday arias went against advice of attorneys to allocute or make a final statement of remorse but arias had conditions. wanted closed courtroom. no media or public present allowed to watch it in any way. the judge said high court ruled that can't happen. arias refused to speak. that was yesterday. it was in may of 2013 that the 34-year-old was convicted of

murder of her ex-lover, travis alexander. he was found dead in the shower in phoenix area home. shot in the head, stabbed nearly 30 times. his throat slit from ear to ear. the prosecution portrayed arias as compulsive liar. the defense said she was emotionally, physically, sexually abused by alexander. that was controvertal in the trial back then. two jurors were dismissed without explanation. leaving nine woman, five men. ultimately 12 will deliberate and decide arias's fate and future. jon, that begins this morning. the headline here besides that begins this morning the judge says the decision will be read live on tv. back to you in new york. jon: live coverage for that part of the trial. adam housley, thank you. jenna: brand new stories we bring you the next hour of "happening now." commuter rail crash just north of los angeles. all the breaking news on this crash as we get it. plus was it self-defense or

road rage or something else? latest twist in deadly las vegas shooting as the victim's husbands out after the suspect's first court appearance. we're live with the story.

>> "outnumbered" starts now. we will see you back in an hour. >> we are standing by as the democrats in the senate are set to hold a news conference. the battle over funding the department department of homeland is heating up after the republicans block a bill for the fourth time because the money is tied to repealing obama's executive action. senator leader mitch mcconnell floated a new option separating the funding for the