and justin is in the weather center. >> we've got a warm-up coming and temperatures will make it into the 40s. let's look at how cold it was this morning across western colorado, and craig started out it - - at 29 below zero. the same for gunnison. single-digit for denver, nine above 04 boulder. current temperatures, neither gunnison nor craig have gone above the zero mark for today. eight below for both cities right now, eight below at steamboat, 15 above at leadville, 27 at dia. for the rest of the evening, and temperatures we can expect, they are really mild compared to 24 hours ago. 9:00 p.m. at 20 degrees and if you have another night, and you go out

midnight. the warming trend will be here, sunshine, warm temperatures, and eyeballing the next system by next week, we will it you know about that in a moment. the latest on the search for a driver who ran from a crash this morning. it happened to - - on the on ramp to interstate 225. melissa is on the scene of the crash. are there any leads on the suspect? >> reporter: they do have the suspects car, which they hope will lead them to the person behind the wheel. and police say the driver made an abrupt maneuver to get off interstate 25, slamming into another car. he then took off on foot. on new year's day, a vehicle was getting ready to enter the on ramp when police say the suspect vehicle made a sudden and illegal lane change.

attempting to make a last ditch effort to get on when the driver glided and pinned it against the guard rail. one of the four people inside was ejected and rushed to denver health with serious injuries. the driver ran off and left his car behind. >> there was one party contacted who walked away from the scene. i don't know if alcohol was a factor or not. >> reporter: they closed the on ramp while officers investigated. >> anytime you are dealing with accidents where parties leave the scene without the proper information, and making sure the parties involved are taking care of, it is concerning. >> police are looking for any information on the suspect vehicle as well as any

have seen that crash. a man was arrested accused of sexual exploitation of a child. matthew fletcher is being held on $100,000 bond following a search warrant at his home. and it started with the grandmother, a 13-year-old girl reported seeing nude photos on a grant - - on the phone. investigators are looking for a suspect in an overnight shooting that left one person in critical condition. it happened on 12 and lincoln and howard nathan is on the scene. you talked with a witness? >> reporter: i did. karen, the nightclub right over there on the corner of 12th and lincoln, behind me is the parking lot where the shooting took place and an eyewitness says he was waiting for his girlfriend when he saw a couple of men rolling in the lot. an eyewitness told me the shooting have been here, he said two men had been in a

the ground when a third man pulled out a gun and shot one of them. >> it was chaos and i could not think at that moment. >> reporter: the shooter tried to leave in a car but could not. >> he left in his ford ranger and try to leave and they blocked him off and he went on foot. >> reporter: the nightclub became unruly before 2:00 in the morning. >> the bouncers were kicking people off. >> reporter: morning - - moments before the shooting, they think they saw the man police want to find. >> he looks disheveled. >> he had been in a fight, he was escorted by five bouncers. they just walked him out and he looked like he was free to go for another round. >> reporter: they look for a fun night on new year's eve, but after the shooting, they don't know if they want to come back. >> it is risky, it could have

happened out here. >> reporter: denver police hispanic male and they did not give any indication on how old he might be. and the eyewitness who is standing here in the lot says the west. the show club on east colfax is closed. firefighters had to drill holes flames in the building and an office was completely destroyed, but the rest of the building only has minor damage. an update on the flooding that is swamping the midwest, being blamed in the deaths of nearly two dozen people. record high water has damaged homes and business. marley has the latest. >> reporter: new year's finally brought some hope southwest of st. louis, high waters are receding, allowing

other roads are still like submerged. on the river near the mississippi. owned is gone. >> reporter: in arnold, linda and hundreds were bringing in the new year in shelters. her mobile home was submerged and this is all she has left, some clothing, donated blankets and this. >> this is the angel you were able to got off the christmas tree? >> yes. >> this was important to you? >> it was very important. it says mom's special angel. it is the only thing i wanted. >> reporter: the humane society has taken in four- legged flood victims. >> people have taken their animals with them and we have been able to care for a lot of them. >> reporter: the record

downriver through the valley and officials say the impact will be felt well into the new year. members of iowa's national guard have been sent to purify the water at the rate of 1500 gallons per hour. new prices and choices for light rail riders to increase their rates to $2.60. they are also adding a new day for $5.27, you can get unlimited trips. regional fares are increasing to $4.50 and the other changes rides are free. it was a cold start for hundreds taking this plunge in evergreen today. matthew was there and matt, i am impressed by the people who dive in, that water must have taken their breath away.

a spectacle on the ice. we are happy they put in this 14 inches of ice at the lake and you can see it is starting to ice up again, just to show you how cold things are. and those folks are braving the frigid waters to jump in all for a good cause, and all of this is going to local charities today. we did catch up with some of the participants who described that 40 degrees water and how it felt. >> crazy! it. >> oh god, yes. >> what was it like? new every year. >> reporter: they have been doing the plunge for eight years and it is a great event for families. under the lights a lot of people are playing hockey. but no more folks are jumping

>> i am impressed. thank you. the marching band from parker is playing in the london new year's day parade this morning. [ music ] it is a big honor for the performers, this group was one of only 12 bands selected to play. the parade featured 8500 performers representing 20 countries. coming up, a father's plea to get back memories left by his son, his message to the people who stole his 8-year-old tablet. and an attorney accused in the death of fatty - - freddie gray and what he had to say about the victim's injury problems prior to the arrest. and a school program is helping students to make physical fitness a lifelong goal.

out, take a ,,,,,,,,,,,,,,,,,,,,,,,, new information about the health of freddie gray who died in custody of police. his medical record shows that he complained about a hurt back weeks before his death. gray's family says that is not the case and the examiner says she did not find any evidence of back or neck injury after the autopsy. natalie cole died yesterday after dealing with health problems. she was the daughter of nat

legacy, even recording a duet after his death. she battled drug problems and had a kidney transplant in 2009. a sheriff deputy is asking whoever stole his 8-year-old sons tablet to give it back, no questions asked. it is full of priceless videos of the boy who died in a crash last month. >> this is one of those heartbreaking stories, the family just wants the video memories of their late son back, it's not even about the tablet, but the precious moments of the child recorded of himself. >> he was eight, he loved life, i miss him. >> reporter: his leg and arm will heal, but his heart will not. they were driving when they got

>> we wake up every day and hope he will run around the corner. >> reporter: they ended up in in impound lot. if he broke in and stole austin's tablet. that tablet has precious metal is precious - - precious memories. >> he is not here anymore. but it was his and we want those memories, we want those videos and pictures. >> reporter: they have launched a facebook site to raise awareness about the theft and ask for that tablet back. the page has received thousands of shares. >> it was just video of him talking to himself or his sister. we just want to hear him and his voice, and the way he was and how we remember him. >> reporter: the videos were not backed up and it is their last memories of austin. >> that is our little boy in

- stole him from us. and they know that they didn't know what they were taking, but that is his heart and soul in that tablet, him just being him. >> reporter: his family has filed a police report as they hope will help to turn it up. it does have a serial number to track it. >> hopefully it will show back up, thank you. a high school program is helping students to make physical fitness a life long door. they per a - - provide schools with state-of-the-art equipment and lesson plans designed to boost confidence and make fitness fun. experts say it is badly needed for 40% of people under the age of 18 obese or overweight. one student says she feels the benefits in and out of school. >> it keeps me healthy - -

and it helps my brain to just work better. >> reporter: the program is in 100 schools, $300 includes maintenance for equipment. and let's get to justin and talk about the forecast. >> it's going to be nice, temperatures are where they should be, with a lot of sunshine compared to what we have and it is going to feel so warm in the denver metro. skies are already clearing and you could see that on the satellite. small and lingering clouds at best, that's because high pressure dominates the western united states and this is the weather pattern we will be in the middle of over the next several days, you can't see much moisture moving in and denver is going to stay dry, same for the mountains and the eastern plains. today we actually did - - creep up closer to average.

degrees, the low was six at the airport and eight degrees downtown. 31 degrees and 27 degrees outside, southwind at six with humidity at 21%, and a quick look at temperatures, everybody on the mild side, in the foothills, 31 degrees downtown, 35 that thornton, ringwood village is 28, and aurora is coming in at 30 degrees. this is a banner photo, look how pretty this is from troy. those are the elk mountains in the background. morning. from sam at vail, lots of new snow and great conditions. temperatures tonight, yes it will still be cold in the mountains up in the northwest, and by tomorrow afternoon, things will begin warming up, temperature tonight.

gunnison and craig both it low temperatures of 29 degrees below zero this morning, 16 in denver, greeley at 1 degree and for sterling, 6 degrees above zero. teens. here's a clear conditions, southwesterly wind around 10 degrees, tomorrow is much warmer with mostly sunny conditions, southwest when around 10. the warming trend does not stop tomorrow, sunday is balmy, 4 degrees and sunshine. tuesday is 45 degrees, 40 fired - - 44 degrees and increasing cloud cover, maybe even known snow showers i the middle of next week, but by the end of the week, denver will see a winter blast. say hello to one of the first new babies of the new year, jackson was born a little

pounds. his parents are from colorado springs.

the new year,,,,,,,,,,,,,,,,,,,,,,,,,, the injury report is less daunting this week two guys are questionable and everyone else is probable, including peyton

looked good, still on track to suit up as brox backup on sunday. he did practice today and that is a good sign and he leaves the team with 101 tackles. he also got the good guy award today, voted on by the media for his willingness and cooperation in talking to reporters. williams was killed in january 1st of 2007. and it's the first time the award has been presented on the anniversary of her death. >> mom should be proud. she knows that she raised her boy in a way that people look up to him and know that they respect him. >> it is pretty special, it says something, you are all - - are all a tough group. >> he is a leader, he has become more and more of a leader every week. >> reporter: he is a regular

and avalanche starts the new year with a 40% chance to make the playoffs. they are chances are increased after a good december, nine winds, two losses, or points for overtime losses. they trailed three don't one, they rallied to get a point and then surrendered in overtime. a busy stretch is coming up, 14 games in 26 days starting tomorrow and the next four are at home. >> we have to enter - - manage our energy and we will have to dominate at home, maybe change up our preparation and make sure when we come to the rink we are in a different mindset, we need to be different at home, no doubt about that. >> michael thompson and michael

chris brown and cut the lead, but no stopping elliott, he ran

for on the fiesta bowl this ,,,,,,,,,,,,,,,,,,,,,,,,,, we can finally get outside and do some fun things. >> a lot of sunshine with both days in the 40s, 44 is the warm day on sunday and then next week, 40s at least until wednesday, and after that, a new system with more cloud cover. enjoy the weekend.

watching our colorado news channel, the evening news is next. >> quijano: a new year and a y new push by the president to enact new gun restrictions without congress. also tonight, we'll look back at the life of natalie cole, whose talent was unforgettable. in every way >> quijano: resolutions-- what's the right amount of exercise to stay healthy? and steve hartman goes on the road to learn the fate of the world's saddest christmas tree. >> i think charlie brown's got a better tree than we do. captioning sponsored by cbs this is the "cbs evening news"

>> quijano: good evening. scott is off tonight. i'm elaine quijano. president obama is beginning his final 12 months in office with a renewed effort to reduce gun violence following a year that saw 331 mass shootings, incidents in which four or more people were shot. mr. obama is planning a series of executive actions which would not require the approval of congress. the president is wrapping up his vacation in hawaii. chip reid is there. >> reporter: it was just after the mass shooting at an oregon community college in october that the president decided he had to take executive action on guns. he made the announcement today in his weekly address, posted on the white house web site. >> a few months ago, i directed my team at the white house to look into any new actions i can take to help reduce gun violence, and on monday, i'll meet with our attorney general, loretta lynch, to discuss our options. >> reporter: sources tell cbs news those options include expanding the definition of who

guns so that more gun sales trigger background checks and requiring enhanced reporting and tracking of lost and stolen guns. today, the president blamed the republican congress for giving him no choice but to take unilateral action. >> we know we can't stop every act of violence, but what if we tried to stop even one? what if congress did something, anything, to protect our kids from gun violence? >> reporter: last month, senate republicans blocked democratic proposals that would prevent people on the terror watch list from buying guns and require background checks for online gun purchases. >> reporter: meanwhile, some states are taking action on their own. in california, a new gun control law took effect today allowing judges to order the seizure of guns from people deemed dangerous by their own family or by law enforcement. texas, though, is going in the other direction on gun control with a new law allowing guns to be carried openly in public places.

our request for a comment, but, elaine, when the details of the president's plan are announced next week, you can bet that the response from gun rights supporters will be furious. >> quijano: chip reid reporting from hawaii tonight. chip, thank you. some groups working to stop gun violence are not looking to politicians to solve the problem. they're looking at their own investments as a way to target the profits of gun makers. vinita nair has that. >> reporter: trauma surgeon sheldon teperman treats a gunshot victim almost every day at jacobi medical center in the bronx. he's been doing it for 32 years. >> you see all the senseless violence, and you see it year after year after year. >> reporter: but six years ago, one patient changed him, the death of 92-year-old sadie mitchell, who was shot by a stray bullet in her own home. >> after i pronounced her dead, and i was so emotionally taken, and you want to throw up your hands and-- this is america.

end gun violence! >> reporter: that moment prompted teperman to get more involved in gun safety legislation. that's when he learned his personal investments, like his 401(k), could be supporting the gun industry. when you called your financial adviser, were they surprised? >> he was not surprised at all. all i had to do was sign the memo and give him the instruction not to allow any of my money to be invested in these killing machines. >> reporter: teperman is part of a national effort called unload your 401(k). >> there is a lot of profit to be made for all of this sorrow, all of this death, and all of this destruction. >> reporter: it encourages investors to check their 401(k) plans and divest from gun stocks. most of the spokespeople are victims of family members. >> i was like, what, do you know he's dead, shot?" >> reporter: leah gun barrett who helped create the campaign, says if you own stocks in large mutual funds, you may own shares in gun manufacturers.

awareness, just like we did for the divbestment campaign during the years of apartheid in south africa. funds in chicago are vowing to in philadelphia, they already did it. in california, the state teachers retirement system, one of the largest pension funds in the nation, voted unanimously to divest. but equity analyst brian ruttenbur says development just creates opportunity for someone else. >> you have hundreds if not thousands of other funds that will take up the slack and don't have those restrictions. there's only a hand full of funds that are going to get that pressure, and will divest. >> reporter: in 2015, most gun manufacturers' stocks did very well. smith & wesson's grew more than 133%. vinita nair, cbs news, new york. >> quijano: the new year begins

industry. >> it shows a man opening fire on a bar. two people were killed, three others injured. police are searching for the gunman. nomotive is known. >> quijano: the new year begins with sad news in the music industry. natalie cole, the daughter of nat king cole, and a legendary singer in her own right, died of congestive heart failure last night in los angeles. she was 65. ben tracy looks back at cole's unforgettable gift. this will be an everlasting love >> reporter: she had a voice that could sail through the lighter side of love, straight i miss you like crazy >> reporter: in a four-decade- long career, she sold more than 30 million albums. you are my first love >> reporter: the daughter of the great nat king cole was destined to make music. we saw her first in 1957 with cbs' edward r. murrow. >> how many of those pups would you like to keep?

>> reporter: young natalie wanted to perform with her dad, a memory she recalled in 2006 on "cbs sunday morning." >> he did say to a few people, "i think she's got it." and i remember when i first sang with my dad, i had to audition. he said, "you're going to have to show me that you can do this." >> reporter: her 1975 debut album was a hit, and cole won the grammy for best new artist. there would be six more in 1992 for a tribute album to her late father, "unforgettable... with love." their two voices reunited a quarter century after her death. but natalie cole's life was not always charmed. she battled with drugs and alcohol and had serious health issues, including hepatitis c., but none of that kept her from getting back on stage. >> i am a walking testimony to

through turbulent times and still have victory in your life. so unforgettable >> reporter: ben tracy, cbs news, los angeles. unforgettable too >> quijano: tremendous loss. turning now to the historic floods in the midwest. today, the death toll in illinois and missouri rose to 24. the mississippi river has begun to recede in parts of missouri, but the trouble is just heading downriver. nearly 10 million americans are under flood watches and warnings. david begnaud has one woman's story from inside the disaster zone. >> don't do this. >> it's okay. >> reporter: at 60 years old, linda thorn has lost everything. this was her mobile home in arnold, missouri, swallowed by nearly eight feet of water. today, we helped her get back there because she wanted to see

>> oh, my god. my house! >> reporter: the walls are coming apart, the floor has buckled, and outside her backdoor, it is a lake. >> oh, my god. this is supposed to be the levee. the water was not supposed to come up over that. that's supposed to be a field. that's 40 feet down. >> reporter: the red cross is feeding her and housing her at a temporary shelter. the mississippi river through st. louis was receding today. we were invited on an aerial tour of the devastation. because the water was receding so quickly, the state of emergency in effect since sunday in st. louis county was lifted today. major traffic arteries through st. louis both reopened. this was interstate 44 yesterday, and here it is today on the illinois side of the mississippi river, evacuations are under way. >> this was my tree.

linda thorne has decided on her future. is it worth staying in this area? >> no. every time it rains, i'd be running to the back door, "is it coming up? is it going to get me? are we safe?" >> reporter: there is some good news for linda. her daughter went into labor yesterday, and she might have her first grandchild by tomorrow. not far from linda's house where we are tonight, the water has dropped about a foot in the last four hours, and that is the good news. the concern now is where it's headed-- south down the mississippi river toward the city of cape gerardo. elaine, the river will not crest there until tomorrow, so that is why tonight voluntary evacuations in some places are under way. >> quijano: david begnaud inside the disaster zone. david, thank you. more than 24 hours after flames engulfed a luxury hotel in dubai, the fire is still burning. crews spent the day dousing the embers. it's not known what caused the fire, which burned one side of the building.

evacuation. the hotel was jammed for a new year's fireworks display, which went on as scheduled. we've been following outside st. louis. late yesterday, the federal government ordered the installation of a barrier in the west lake landfill to prevent an underground fire from reaching nuclear waste. the fire could be within 1,000 feet of that waste, which is left over from america's cold war weapons programs. tonight, we're getting an early report card for the holiday shopping season. michelle miller has the winners and losers. >> reporter: unusually warm winter weather triggered sales drops in coats, hats, and gloves, but consumers spent money on other things. according to mastercard, retail sales grew almost 8% this holiday season compared to the same time a year ago. women's apparel furniture led

more than 10% nationwide. >> people are just out shopping. >> reporter: david sabel runs mattress and furniture super center in tampa. he's keeping his store open on new year's day after having a record-breaking holiday sales season. >> from black friday until now, our sales have been up 65% compared to last year. and it is the highest increase that i've ever experienced. >> reporter: and rising spending in the furniture business shows the u.s. economy is strengthening, says sarah quinlan, senior v.p. at mastercard advisers. >> the furniture is more important because that really shows sustained confidence. "i'm buying that sofa and i'm investing and i'm saying that i have confidence i'm going to hold on to my job, get a bonus, and be able to pay off these. s." >> reporter: there were some surprising dips in buying trends this time around. sales in men's apparel and electronics were both down. but quinlan says it's no cause for concern. >> this was a tremendous year

states as reflected in retail sales which really does reflect the entire economy which really bodes well for the new year. >> reporter: and a couple of other factors driving this spending surge-- cheap gas and e-commerce. online shopping is up 20%, and, elaine, consumers, they're spending roughly about 75 cents of every dollar saved at the gas pump. >> quijano: michelle miller reporting from new york city tonight. well, coming up, how much exercise is needed to keep that new year's resolution? uber has conquered markets worldwide but has it met its match in china? and the world's saddest christmas tree has found a new purpose when "the cbs evening news" continues. ll exists. polident's unique micro clean formula works in just 3 minutes, killing 99.99% of odor causing bacteria. for a cleaner, fresher,

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healthier lifestyle. 40% say their goal for 2016 is to lose weight. what will it take to live up to those promises? here's dr. jon lapook. >> so you want to also look at your rate of perceived exertion. >> reporter: david marcus ran three marathons, but that was more than a decade ago. since then, he's had trouble fitting fitness into his busy life. >> i have a demanding job, family. >> reporter: now, at age 45, he is recommitting to an exercise routine. >> i just want to be healthy so i can be there for my kids and my family for as long as i can. >> reporter: u.s. guidelines suggest weekly 75 minutes of vigorous aerobic activity or 150 minutes of moderate activity. vigorous activities include running, jumping rope, or playing squash, at an intensity where you can't say more than a few words at a time. moderate activities include brisk walking, dancing, or biking, where you usually can

>> moderate exercise helps you live longer. >> reporter: doctor leslie cho >> obviously improves your blood pressure, improves your glucose control so you don't get diabetes, your cholesterol level is lower. >> reporter: your heart rate is another way to engage your moderate activity is 50 to 70% thereafter number. we asked new york sports club trainer alyssa exposito to help marcus find his stride. >> how do you feel? >> good. >> i recently got the apple watch that has a fitness component. i haven't used it yet. >> reporter: you took it out of the box. how many calories is that to take it out of the box? >> zero? >> reporter: okay. but if you actually use them, those devices can help you keep track of the 150 minutes of moderate activity you need a week. and it doesn't have to be at the gym. you can weave exercise into daily activities, elaine.

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,,,, >> quijano: ubeir, the app that lets you book a ride from your cellphone, is expanding all over the world and says china will be its top priority in 2016, but seth doane found it faces tough competition there. >> reporter: with the smog and traffic to prove it, china has as many as 750 million urban commuters, and there's a multibillion-dollar battle for their business. it has all the cars around us here. okay, he's letting us in. we crisscrossed beijing to witness the fight from the front seat. in the ring, heavyweights, uber, worth upwards of $70 billion, versus china's didi kuaidi, valued at $16 billion. we're in a didi car. this gentleman picked us up but

he said he's doing this to make a extra little money. "i can make about $800 a month," he said. "it will help cover the expense of my car." rides hailing services are brangd new to china and technically illegal but the law is selectively enforced. both didi can and uber are freighting in a gray area while the government reviews its regulations. call an uber here, two minutes away. since this kind of operation is still considered illegal in beijing, qu zhonghua, told us, i drive for uber because it will cover all the penalties if i get caught. didi dwarfs uber here. it's in 360 cities across china compared to uber's 21. both companies are spending big to lure drivers and riders. and both are relying on publicity stunts, like the short-lived uber boat we rode. investors said competing in

heart. driving here is not for the faint of heart, either. seth doane, cbs news, beijing. >> quijano: it was a christmas tree only charlie brown could love. so what's become of it now? that's next. it's a new fiber supplement that helps support regularity and includes b vitamins to help convert food to energy. mmmmm, these are good! nice work, phillips! the tasty side of fiber, from phillips'.

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wildlife rescue workers open up a lot of dawn. tough on grease...yet gentle. dawn helps open... something even bigger. go to facebook.com, dawn saves wildlife. >> quijano: in january, most christmas trees are scrapped and forgotten, but an ugly one can haunt our memories forever. here's steve hartman "on the road." >> reporter: we have returned to reading, pennsylvania, to investigate reports that the world's ugliest christmas tree has been somehow immortalized. you may remember back in 2014, this sorry excuse for a confer was all the rage, and i do mean rage.

better tree than we do. >> everybody that took part in bringing this tree here should get fired. ( laughter ) >> reporter: the tree was so ugly, the city decided to take it down before christmas, just so people wouldn't have to look at it anymore. workers removed the lights, and the pretzel of bethlehem-- or whatever that was-- >> the pretzel is off. >> reporter: and made arrangements to bring in a new, spruced-up spruce. >> a christmas tree is a matter of celebration. >> reporter: former city councilman francis acosta said it really was like the tree in the charlie brown story, but the lesson had obviously eluded him. what was the moral of that story? >> the importance of christmas, of being together -- >> reporter: what did they do with the tree at the end? >> save it, embrace it. >> reporter: uh-huh. >> but it's not about charlie brown or not charlie brown tree. it's about a beautiful christmas tree for the city. >> reporter: they really were going to get rid of it, until the phones started ringing off the hook at city hall. public opinion changed and the

execution, if you will. >> we will keep this thing here. >> reporter: and that was the end of the story, or so i thought. >> i said, you know, we're saving this tree. we're going to do something with it. and we kind of kept it under wraps. >> reporter: luke schultz was on the crew that was supposed to mulch the tree after the holidays. but he didn't. >> i thought, there's just no way that we could run this tree through a chipper after everything is said and done. we can't let that happen. >> reporter: so with the help of some local voc-tech students, luke turn that paltry pine into a piece of art-- a bench as quirky as the tree it came from. today, it sits in city hall, a reminder that beauty is in the eye of the beholder, and ugly, nothing more than attitude. steve hartman "on the road" in redding, pennsylvania. >> quijano: the tree and the story that keeps on giving. that's the cbs evening news for tonight. i'm elaine quijano.

happy new year and good night. captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org developing now at 6:00, a man escapes after shooting someone outside of a nightclub on new year's eve and the person shot is in critical condition. it happened earlier this morning outside of the church nightclub on 12 and lincoln and howard nathan is there with new details, howard? >> reporter: on the corner there is an old church long since turned into a nightclub. and behind me, the parking lot where the shots rang out. and eyewitnesses he was waiting for his girlfriend to come here when he suddenly saw guys brawling in the parking lot. an eyewitness told me that the