breaking news right now at noon. a well known cab driver and veteran gunned down. what we're learning about the crime. barry? >> we have cold rain showers to go through and the weather may be wet right through tomorrow. >> a teen an trial and what phil imchism's family is unveiling about a teacher and terrifying theft. the bold one from one robber as he tried to get cash from a local gas station. captions by: caption colorado, llc (800) 775-7838 e- mail: comments@captioncolorado.com we'll start with breaking

two teenagers now facing murder charges for killing a new bedford taxi driver. his family said 66-year-old donald depina was driving his cab on saturday night when he was attacked. noon. i'm chris mckinnon. we know the 18-year-old and a 16-year-old are charged in connection with the murder. bill? >> reporter: chris, this is one of those stories that just makes you shake your head in disbelief. you have just got to ask why? why would these two teenagers allegedly shoot a 66-year-old cab driver, for what $50, 100 bucks or something like that? the vietnam vet was driving his cab. police say 18-year-old alex mills and 16-year-old juvenile met him, either got in the cab

park in new bedford and shot him to death. dipino was well known not only for his service in vietnam but the late '90s and early 2000s, the veterans agent here in new bedford. so a lot of the veterans got to know him. a lot of people came to him for help. a lot of people are packed into the courtroom and they want to see the kid that allege lid shot him to death. he is expected to be arraigned shortly. the courtroom is packed with people who may have known donnie dipina. even the mayor of new bedford knew donnie before he was murdered on saturday night. reporting live from new bedford, i'm bill shields. back to you, chris. >> more breaking news.

sky eye over the scene on washington street where the fbi is conducting a raid on a home there. you can see a number of vehicles in the driveway. right now, authorities are just saying this is part of a federal investigation but aren't giving any further details. >> new at noon, patriots tight end rob gronkowski is agreeing with a tweet from 98.5 the sports hub criticizing the nfl saying the league is targeting gronk for pass interference calls. he tweeted "i agree." an mri has cleared gronk of major damage to his knee. gronk does have a strained right knee and he'll probably miss a few games. his recovery will depend on his ability to tolerate the pain. turning our attention to the weather this noontime. a gray day over the city of boston. clouds definitely dominating the skyline right now. we are waiting for the rain to move in.

a look at the forecast. already this morning. >> we had a few showers. not amounting to much, chris. here's what we have in terms of the numbers. lower 40s in boston south. we still have colder pockets off to the north and west, so that is interesting because we're having precipitation falling. here's where you can see the region. a couple of spots, like, up around lawrence and and jove her, a couple of brief downpours or somewhat heavier showers going on here. as we open up the shot, you can see there are a few pockets out towards sturbridge where the rain is coming down a little bit harder there. that's what's going on there. we're looking to the south and basically seeing not too much happening. here's where we go as we check

the showers go by this afternoon. off and on times will be dry and times when it will come down. this will be ongoing for quite sometime. we'll give you a timetable for the rain and see you with the forecast in just a few minutes. chris? today phillip chism's defense -- actually before we go there. we want to remind you about our cbs weather app. you can find it in the apple stores and android stores. just search cbs boston and download devices. nicole jacobs is live this noontime with more. good afternoon, nicole. >> reporter: good afternoon to you, chris. the hearing just wrapped up a short while ago. dzhokhar tsarnaev was not present for it but his entire defense team was pushing for, phase. more than that they'd like a new trial altogether.

death, dzhokhar tsarnaev sits on death row while his defense team begins its last ditch effort to spare his life. the first call to judge o'toole. there should be a new penalty phase on all counts, citing the marathon bombings were not, they say, categorically a crime of violence. the defense referencing the conviction on weapons of mass destruction, malicious destruction of property, carjacking, and robbery. the government saying it's a common sense perspective that these crimes require physical force. another motion on the table is one we've heard many times before from the defense calling into question boston as a venue location, citing the inability to compile an impartial jury. the same jury who determined the fail of the convicted marathon bomber. the defense considers now tainted by media coverage, special events and anniversaries. specifically citing one boston day. the rulings on these motions

judge, though, we know there are many future legal steps to come. the defense made it clear there would be more hearings. they say this is a very active litigation process. in fact, they say there will be an appeal and also say there may be a call to tsarnaev's competency. nicole jacobs, wbz news. >> thank you very much. today, phillip chism's defense team begins making his case. the defense calling a number of character witnesses this morning, including friends of the accused murderer. chism's grandfather also took the stand, testifying about his grandmother's struggle with mental illness and describing the years chism lived with him.

very, very quiet, and a beautiful soul. >> did he behave well? >> yes, he did. >> was he respectful to people around him? >> yes. what i had seen at the time, he was very respectful. >> philip chism's mother was expected to take the stand at some point. new at noon, deval patrick has a new job. he's been collected to head a police accountability task force in chicago as the city deals with a rash of protests following a release of dash cam video showing a police officer shooting and killing a 17-year- old black man. p city's mayor has just fired the police commissioner there. new this noon, manchester police are looking for a brazen robber who hit up a gas station after midnight. police say this man walked up

fluid. the man demanded cash or said he would ignite the booth. he was last seen wearing the blue coat, a ski mask and gloves. police say 26-year-old ashley bigsby took this picture rifle. track her down. 6 of the 16 weapons stolen are still missing. authorities announced a $15,000 reward for them. a shooting outside of ryan under investigation. the teenager is shot in the hand and expected to be okay. the two teens involved knew each other. the shooting forced three other schools to go into lockdown. police are hoping a deer hunt could help them find clues

jamie robertson was last seen on new year's day in 2014. he'd recently spent time in jail. so when two men showed up at his door posing as constables for an unannounced court- ordered drug test, he went with them. jamie, though, never returned. >> i saw jamie rolling up the street on the back of his car. to new clues. president obama is wrapping up his trip to the united nations. >> reporter: president obama says he has high hopes on world leaders making progress on climate change. the president and nearly 150

in the climate change conference that began on monday and will continue for two weeks. the goal is to hash out a legally binding agreement to keep global warming below 3.6 degrees fahrenheit and reduce carbon emissions. >> i'm sure there will be times when progress seems time isied and everyone rushes to rights that we are doomed. i am convinced that we're going to get things done here. >> reporter: the top two producers of greenhouse gases are the u.s. and china. the situation has intensified in china where heavy smog is a constant reminder of air pollution. the president also talks about the role russia should play. >> ultimately, russia will recognize the threat isil poses to its people.

hopes russia will decide that bashar must leave office to end the long civil war. tina krause, cbs news. >> as the claimant change talks continue, china is dealing with hazardous smog. those in the northern part of the country have been told to stay inside. the air is heavy with smog. more than 2,000 factories in china have been ordered to suspend production. students are being kept inside at school. coming up this noon, a show of support. hillary clinton gets a big boost but one big name is missing. we'll explain why. >> burned by the board. a woman's home goes up in flames. why she says a high-tech toy is to blame. >> still ahead, no money, no problems. the deal to keep one of the most popular attractions opened

2016. a strong show of support for hillary clinton with one big name missing. 13 female senators rallied behind the democratic poll leader but massachusetts senator elizabeth warren was missing. she has yet to endorse a presidential candidate. the mbta is coming up with

then are facing a deficit of more than $240 million for the next fiscal year. to eliminate that, they are considering getting rid of late night service and making changes to the ride service, leaving vacant jobs empty and adding more advertising including alcohol ads, which have long been banned on the t. boston's incredibly popular lawn md is staying put. the park will remain open through next year even though it's losing money, up to $2 million each year. with new corporate sponsorships it should break even in the next three to four years. not a nice day to be outside but i guess if i do have to go out, now is the time heavier. >> just a few spotty showers. there will be more and more rain coming in waves sort of in and out over the next 24 to 48 hours. take a look.

it is a done deal. man, it was a warm month. that's pretty high. we had about 20 days of temperatures above average and about 8 below average and two that were dead even. so as far as warm novembers, this will turn out to be tied in ninth place with the 1979 with the mean temperature 48.6 degrees. warm novembers can lead to winters with less than average snowfalls, especially if it's been really, really warm. here is the december preview now. in terms of the temperatures, down 37 by the end of december. december 21st is the shortest day of the year in terms of daylight. 9 hours and 4 minutes. the earliest unset occurs around -- sunset occurs around december 8. the average snow in boston for december is 9 inches.

precipitation with many months of below average of november. we're way below. we need some rain, and we're getting some of that right now. it's just cold enough to new york where it's 30 to 32 degrees. let's close in and see some of these showers. you can see boston and chargetown with a few brief periods where the rain is going but that's about it. you will be near worcester and points southwest to see a few heavier showers here as well. so we'll be dealing with those throughout the afternoon as the futurecast shows it's going to be going into the nighttime hours as well. not going to be raining all of the time. at times it will fill in with rain and others. then all of a sudden, it dries up again. so variable in coverage.

looks like to's going to be drizzly -- it's going to be drizzly at times. i don't think there will be a thing around here as we have temperatures now around 43. it's colder off to the northwest. milder off to the southwest. so it's somewhat mild air coming in. it will stay in the 30s or drop to the 30s tonight. 40s in boston south. don't worry about any icing going around and south of boston to the cape near 50s there. so you head off to the border of new hampshire. here comes the system. the system's coming on through a sort of complex system. coming through. the final wave of rain will come through late wednesday and wednesday night. that's tomorrow. here's my forecast. it goes this way for the next few days. my seven-day forecast, here we go. temperatures which will be mostly in the 40s with not a

we finally get some brightening with a lost wind and it will be much brighter coming up this weekend. sorry. >> that's not too bad. sweet and tart together in one delicious fruit. has the goods. >> reporter: today's tip of the day will be with sweet apples. i love these apples and how every year the varieties come around. they've been around for a while. it gets the spotlight because they sore good and delicious. the sweet tango, the texture is out of this world. let's talk about texture and storage. when you buy them, beautiful color all the way around, very important. skin free from any shriveling. when you bring them home, like all apples, i know they look beautiful in the bowl on the counter or on the table, throw them in the refrigerator. if you've never had a sweet

i'm tony tantillo your fresh grocer. always remember to eat fresh and stay healthy. the name sweet tango is like a song. >> i like to see tony do that. still ahead a warning for parents. the hack on your child's toy just before the holidays could be putting your child's info at

welcome back. a louisiana woman says her house burned down all because of a hover board. jessica horn says her son got the board just a few days before thanksgiving. he played with it then set it aside to charge. when horn noticed flames shooting out from both ends of the board. the consumer product safety commission has gotten reports of injuries from falls but not from fires. a popular toy company hacked. there's been a data breach at v tech that affects the learning lodge app store. it may have exposed photos of parents and kids in chat logs. the e-mail addresses, names and

name and birth dates of kids may also have been exposed. a bizarre mystery. traffic troubles as two vans how did this happen?

a bizarre incident in china, and it's caught on camera. check this out. things seem to be normal until two vans just jump into the air. turns out there is a simple explanation for this. a cable got tangled in a sweet cleaner creating a sort of trip wire. thankfully nobody was hurt thank goodness. >> when you think you've seen it all. i've never seen anything like that. >> and people just go on about their business, right? >> don't even know what happened. my gosh. the weather this afternoon. looking at rain. >> not much happening but there will be some falling from place to place. briefly coming down a little harder but many times during the afternoon it won't be raining at all. there will be rain off and on right after tomorrow night. it will be wet at times. kind of misty at other times. very windy on thursday.

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