a man who robbed a subway restaurant gets chased by a witness with a gun. what the witness did that ended up getting him in trouble with police. warmer temperatures are ahead before snow makes its way back into the forecast. a lawsuit filed against an assisted living facility in lakewood after a man was killed by his roommate. >> what happened to my husband, i don't want to happen to anyone else.

jewelry is finally behind bars. and where you can get a broncos magnet tomorrow. 9news starts now. tonight, laura police continue looking for a man who robbed a subway restaurant. what's unusual about this case is that the man who witnessed the robbery is now in trouble for trying to catch the sub sect himself -- the suspect himself. a man entered a subway on eastern -- east iliff your chambers. he hit an employee and demanded money. as the suspect took off a witness, 25-year-old avery nelson started to chase the suspect. police say he pulled out a gun and fired two warning shots in the air, and then fired a few more times at the suspect's car. >> when you fire rounds into the year you have no clue where those rounds may end up unfortunately they didn't strike anyone. same with shooting into the vehicle.

appears he was shooting of the vehicle to try to disable it. again who knows where those rounds might have ended up. >> police say he received a summons and will have to appear in court for reckless endangerment. he says in those situations it's more important for witnesses to remember details to tell police rather than taking the law into their own hands. skies are clear but it's cold out there. temperatures in the teens. danielle is nice and warm in the weather center but you have to go back outside their pretty soon. temperatures are still dropping out there. >> absolutely, back into the single digits with the windchill, some areas subzero. not only that but also dealing with pretty dense fog in northern colorado. disabilities down to zero -- with disabilities -- low visibility tonight and tomorrow morning. there are those numbers, goose egg and relief, 17 in denver

divide, subzero temperatures in kremmling, gunnison and zero did -- -18 in alamosa. also pretty nasty error out there, and era -- an air quality advisory in place until tomorrow. if you have asthma, respiratory issues, it's best to stay inside. as far as availability, it should be -- visibility, it's moderate. back here at home, relatively quiet. we stay that way for the start of next week. coming up i will detail the fog and exactly who has the worst shot of it. sunny start to the work week and then a slow warm-up. it takes a couple days before we start to see good one melting going around -- see good melting going on. the wife of a man whose

death is suing. it's been nearly a year since homer castor beat gerald propp in the room they shared at atria applewood. we spoke with her widow -- his catherine greway is suing for wrongful death and fraudulent concealment work stemming from her claim that the assisted living facility could have done more to help protect her husband from the hands of another elderly resident. >> he didn't know my name. but he knew who i was . >> catherine greway 's husband suffered -- from alzheimer's. she chose atria when caring for him became too much for her. she counted on the facility to make sure he stayed safe until one day she got a call that he was in the hospital. >> he was in horrible condition. he had been beaten severely .

who also had alzheimer's hit him repeatedly in the middle of the night. jerry passed away two days later. and the staff members didn't know this for two hours? what are they doing? >> he said the facility had just 2 to 4 people to watch over 25 residents and they didn't kill cat -- tell catherine that his roommate had violent tendencies. >> they should have let me know what was going on. >> they wouldn't release -- speak on camera but they did say this, while we cannot comment on the pending lawsuit we continue to offer our condolences to the family and all those affected by his death. >> i'm finding out now there was so much more behind the scenes that you don't see. >> catherine's attorney says she was never told about other problems his roommate had that could have swayed her decision to keep him there.

was a bunch of things that were very frightening to us. >> castor allegedly threatened to build and -- till another resident and he scratched jerry just a few weeks before he was beaten. >> he wasn't protected. they just didn't protect him. >> homer castor passed away in november at the colorado help mental health institute at pueblo. he was found incompetent and never charged with jerry's murder. catherine greway is suing the facility for at least $75,000 but the number could change if the jury finds damages are worth more. whitney? >> victoria sanchez, thank you. when president obama delivers his last state of the union address this tuesday he will say the seat in the first lady viewing box to honor the victims of gun violence. he's also expected to make the case for tougher gun laws during that speech. nearly 2 dozen people will have seats in the viewing box greeley. she is the ceo of lucky clover honey, a business her family

sense. the white house says the people in the guesthouse -- viewing box signal the progress in the american economy. a new poll shows hillary in a very tight race. clinton leads him 40 a percent to 45% while in new hampshire sanders is ahead 50% to 46%. clinton is attacking sanders for voting for a bill a decade ago. sanders says he's willing to take another look . >> senator sanders voted with them and through this morning has been unwilling to join the president and me in saying that this should be repealed. >> when gun manufacturers for example are selling guns into an area and know that those guns are going into the hands of criminals, absolutely those gun

accountable. >> litton is also dismissing donald trump office latest family attack. he released photos of former monica lewinsky on his instagram page and he is still bringing up clinton's past . >> she is married to an abuser, a woman who has claimed rape and all sorts of things, all -- horrible things. >> trump leads crews by four points in iowa -- ted cruz leads trump in iowa but trump is way ahead everywhere else -- in new hampshire. police say abigail lee kemp didn't bother to disguise herself when she robs julie's states. she used a gun to force employees into a back room and then used to zip ties to restrain them. a second person was also arrested that their identity is not being released. the broncos first playoff game is next sunday. to get you ready we are giving away free united in orange magnets, that's happening this week. >> the giveaways are being held

the state, and we will start having those out tomorrow morning. here are a couple places -- first let's tell them the time. >> at 6:00 a.m. the giveaway will start at the king soopers parker -- in parker. and then at 4:00 tomorrow we will be in brighton. it's a good idea to get there early as the supply is limited and they will go very fast. we always have long lines for these.

if you ask most folks who work in denver theater, it's likely that most have a story to tell about beverly newcomb- madden, the longtime director broke boundaries in the town for decades and she tells engines out -- jonathan gonzalez and adam vance why she still loves doing it after all these years. >> reporter: anytime beverly

denver area theater , that means it's time to get to work. beverly has been working at getting her actors to work on stage -- >> i never considered directing. >> reporter: since the 1960s . >> of my supposed to stay -- they how old i am? >>and the 87-year-old has not held back since . >> whenever you are ready. >> would you do that again? don't look so disgusted with everybody else. i have to be careful because i take over if i don't shut up and sit back. >> i can't see you . >> things change from moment to moment. >> reporter: but sitting back is rare for her . >> give it to me one more time and make it even bigger and more menacing. let's try it. >> reporter: she was a young

>> i usually played somebody's little sister because i looked so young. >> reporter: eventually she became the first woman to direct a production at the historic bonfils theatre. >> reporter: to be asked -- >> to be asked to direct something, who was i? a wife and mother. it's a joy to watch you guys on stage. >> reporter: indicates later -- >> i don't do it for the money. >> reporter: she is casting her latest production, little women at the aurora fox . >> if we should decide to go a different way with this character would you be interested in a smaller role? >>i look at the printed words on the page and i visualize it coming to life. >> reporter: speaking of coming to life -- >> itsy leaches -- it's elitches , i have known it all my life. >> reporter: she was asked to direct one of the first person

>> i used to tap dance on that stage. >> in more than two decades. >> she has no filter which is awesome and sometimes scary . >> i don't want to see any of you until it is time for you to come on. you don't have to rush. if i don't hear her, i don't want her to say it. >> she is so honest and talks about being lucky and appreciating the fact that she is still asked to work . >> i think i am so lucky. to still be wanted. >> reporter: but beverley says they want is going away. >> i am so old, i don't know what i'm doing. >> she will say to the room in the middle of rehearsal, if we get to do this -- it's pretty great. >> you don't have to rush. people have to come to you. i have to wait for the phone to ring. >> reporter: and this rehearsal for little women -- >> i would just start -- articulate like crazy. >> reporter: may be for her very last show .

it's a young peoples field and i've been able to hang on by my fingernails. >> reporter: but whenever the lights to come down on her career -- >> there won't be another beverly newcomb-madden >> reporter: her lasting legacy will always remain up on stage . with photojournalist adam vance, jonathan gonzalez 9news. beverly has been honored with numerous awards throughout her long career. she says she's still waiting for the next phone call to direct but says she doesn't mind the time off with her husband. remarkable for 87, she's terrific. >> absolutely. danielle is going to come in with the forecast, a lot of people looking forward to the broncos and the weekend. absolutely. we do have a little bit of warm up -- a warm up and store. it will take a day or two to get back to more seasonal temperatures and tonight it is frigid.

out there too. you will see these same similar frosty images tomorrow morning as well. right now the worst of the fog is at the south threat -- south platte river valley, zero visibility, a quarter of a mile or less in fort collins. hasn't been too bad here in denver, the worst of it in parts of welland larimer counties. it's that freezing fog which looks great but it is going to provide slick surfaces by morning. we're at it four degrees in -- at four degrees in fort collins, well below zero in kremmling, walden and silverthorne. 17 at the airport, winds picking up at 10 miles per hour making it feel more like 5 degrees. the 9news backyard where it's awfully chilly , our readings here downtown about 15. early this morning it was beautiful, we had bright blue skies, lots of blinding sunshine and then by the

change. that brown cloud started to develop along the city skyline, all of the pollutants trapped at the surface and unfortunately poor air quality will be with us through tomorrow afternoon as well. we need wins to help us mix things up and that will not a resident -- arrive until air-quality expected to be unhealthy for certain groups, so if you have asthma or respiratory issues, limit your time outdoors if you can, visibility will be moderate tomorrow. right now it's been pretty quiet, really much of the west coast looking at quiet conditions, stores have been -- storms have been further out across the great lakes, the boston area, all the way up to portland maine dealing with all kinds of rain, 1" to 2" of rainfall and now coming off the great lakes into the usual spots, you see the lake effect snow and bracing for more wintry weather. around here, quiet and we like it that way at least the next couple of days.

morning a little bit of fog and we will be in full force in northern colorado but a few clouds drifting around the i-25 corridor. by 2:00 or 3:00 they break apart with sunshine in the afternoon and that will warm us up slightly. possibly isolated flurries here and there but no accumulation. high pressure is entrenched across much of the west. that stays put but look at this quick moving clipper ships right on by the trailing a cold front that will nudge into the state by tuesday. it won't bring us wet weather so to speak, but it will switch are winds up coming out of the northeast and that hopefully will -- switch our winds up coming out of the northeast. subzero once you go up in elevation, 11 degrees here in metro denver with freezing fog and places. the worst of it is up to the north, unfortunately you guys

drive to try to get out of that soup out there. 39 for the high in denver, some spots along the eastern plains more sunshine to work with and that should allow you to jump into the 40s tomorrow. we stay in the 20s and 30s for in loveland and longmont hopefully around 41. we bounce back to the 40s on tuesday right where we should be for this time of year. a warm one on wednesday and in our next storm system moves in late wednesday night ringing increasing clouds, possibly light snow on friday. i am not too impressed with this storm but it will bring us maybe an inch or two. so far next weekend looks dry

from colorado sports later, here is drew soicher . >> don't let that broncos loss in pittsburgh last month were you. it's completely irrelevant at this point. the same teams meet again in the second round of the playoffs one week from today. the steelers came from behind to beat the broncos just before christmas but that is so yesterday. >> i tell you, the speed picks up. for whatever reason. the stakes are higher and every play is so crucial. but i think the bottom line is when it's all said and done, the top teams are there and going at each other. you usually know each other pretty good. you are -- you normally don't play people in the playoffs that you haven't crossed paths with so that has a lot to do with it but that's what this game is all about. it takes a lot of effort and

just to get yourself into the so that makes you appreciate them. >> to be honest i felt like -- people say it's faster, which, i guess it depends on the guy. i felt like it was the same last year when we played the colts. it felt the same as my regular season games. i feel like guys were running faster anything like that. obviously we all know the sense of urgency is higher, and it's a level up as far as competition but i felt like i was able to run around and do what i could on a bum foot in a playoff game so i felt like the game wasn't too fast. >> the broncos are seven-point favorites. sound like a lot. mike klis is in the sports office, hi mike. i'm guessing from that spread they must not think roethlisberger and brown will be able to play for pittsburgh. what do you know? >>i think that point spread is more the manning factor, everybody's impressed with how

against san diego. but big ben had a separated shoulder when he got sacked, he went in the locker room apparently to pop it back in, maybe get a painkiller. came out for the last drive, there's no way cincinnati was going to lose that game with big ben's -- then throwing on a separated shoulder unless they lost the game and indeed that's what the bengals did. antonio brown who also burned the broncos three weeks ago, he is in the concussion protocol. those things have a way of clearing up on playoff week. i fully expect both of them will play against the broncos. they do get an extra day, eight days rest between games. >> peyton manning returns to the starting lineup for the first time in two months. should we expect to see hall of fame peyton or the imposter from earlier this season? >>drew, there are three games left for the season. broncos. i think in those three games peyton manning 10 one time have a hall of fame caliber

i think there will be another game where he plays similar to what he did earlier this year. remember, peyton through the season had nine touchdowns against 17 interceptions. and then another game where he played subpar. what happens in the playoffs, the broncos have to figure out how to win a game when peyton manning is not at his best. the quarterback doesn't play at the top of his game all the way through the playoffs. >> that hall of fame better -- performance better be first or they may not have a second game. thanks mike. >> it was so cold in minnesota that tears rolling down the cheeks of vikings fans froze like icicle. -- icicles. is the third close game in nfl history. they needed a short field goal in the final seconds to beat the heat hot -- seahawks but blair walsh hooked it and the seahawks advanced 10-9. aaron rodgers rushes the snap because he notices 30 defenders on the field.

defenders on the field. roger still find the receiver and the packers win 35-18. the avalanche lost tonight as they were beaten by the defending champion block each blackhawks in chicago. dollar shave club. gives him a team-leading 21 goals. the problem was both mary and -- duchenne's goals gives him a team-leading 21 but to blackhawks also had a pair and the avs lost. the nuggets begin an eight-game homestand by beating charlotte. 11 points and six assists for emmanuel mudiay returning from his injury. and after a full season of being smothered in band-aids, peyton manning is clean heading into the playoffs, which is spectacular and a 9health their mandate is placed on ben roethlisberger's right shoulder

>> don't kiss that. >> -- don't give him that. >> i don't discriminate. we will take care of everybody.