it at noon, the man who gave the marathon bomber the gun used to kill an mit officer now learns his fate. first full day of winter but no sign of it yet. who could hit 700 on christmas eve. donald trump turns nasty responding to hillary clinton. raising the price, the fare hike that could affect those taking the --. we begin with breaking

the man who gave a gun to the boston bombers is about to hear his sentencing. they use that gun to murder officer call year. >> stevens although was friends with the brothers. he is now about to hear his sentencing. >> reporter: the issue this afternoon is that ruger handgun used to murder sean collier. of course, it has already been proven that they received that gun from cell that. silva has served 17 months. his attorney is asking for time served in this case. the governor is asking for up to 46 months. the judge said if silva is sentenced to more than one year, he would grant 15% of

there are also a couple drug charges being argued, a marijuana and -- trafficking case. drugs were actually sold to an undercover officer. that is when they learned from so let that he supplied that handgun to the tsarnaev brothers used to murder sean collier. that will determine exactly how much weight the weapons charges are given -- the drug charges are given to the weapons charge by we are still waiting to hear the final sentence. the defense is asking for time served. the government wanting no fewer than 37 months. we will keep you updated on the exact sentence the judge hands down. that is the latest from boston. >> thank you very much. turning our attention to the weather, a wet, gray day.

the rain but you can see some of the city. the showers will come and go throughout the day. >> it feels more like april showers than the first day of winter. >> 500 in boston. definitely not feeling like the first full day of winter. 500 in boston, gradually on the rise. that trend will continue despite clouds and wet weather over us but -- over us. generally, light rain. more of a nuisance than anything. you'll need the wipers. from charleston back into -- along to 90, clinton, a little light rain over you. into the city of boston, light rain. when you travel along 95, along 128 and back over to quincy in hanover. essex county, southern new hampshire dealing with light sprinkles now as well.

several hours there will still be pockets of rain that fell back in during the evening hours. maybe, some downpour also. temperatures continue to rise through the mid-50s. it wraps up during the evening commute and we get partial clearing overnight. there will be patchy fog along the south coast. tomorrow morning to midday, a dry start but the next rain arrives during the afternoon tomorrow evening with temperatures in the 50s and 60s. record warmth. a mother in court accused of kidnapping her own children. today, those two kids are back with their father safe and sound. >> police say they started on sunday with a visit between the kids and their mother. that sparked a daylong search but ended with the mother's arrest. lindsay stein is live where the mother will be facing a judge.

valerie mcgrath is inside the court right now and a bit of new information from the prosecution says they found a suicide note inside of her car. it details she couldn't live without saying her children any longer. she is accused of taking off with her two kids. now, valerie mcgrath appears in court facing charges of reckless endangerment and kidnapping. >> she still loves the kids. i was prank she wasn't going to do anything to harm them. >> reporter: her ex-boyfriend, steven carrigan has custody but allowed her to visit the kids sunday afternoon. when she didn't bring them home, he called police. that kicked off a frantic church. -- search. steven carrigan was reunited with his children last night. wrong. he understands how lucky that is.

i still have knots in my stomach . >> reporter: police say mcgrath turned in her land rover and rented this white car in fall river. the children were found safely inside at a mcdonald's. a 15 minute drive from steven carrigan's home. >> i'm glad it wasn't another state or far away. just down the street and -- >> reporter: kerrigan says he is prepared for questions from the children over christmas as mcgrath faces charges in court. the prosecution also says this incident proves that mcgrath is a danger to her children and should be kept away from them. they are asking she be held on $100,000 cash bail. a construction worker is rest to the hospital after a 600 pound concrete wall collapses on his head. it happened on a

avenue. the 36-year-old worker was conscious and alert when he was flown to the hospital. there's no word on what caused that concrete ball to fall. a vacant building in boston badly damaged -- badly damaged by fire overnight. this was that the old bcr -- dcr building. no word on what started that fire. donald trump getting bolder in his latest criticism of hillary clinton, taking aim at her bathroom break during this weekend's democratic debate. >> i know where she went. it's disgusting. i don't want to talk about it. it's too disgusting. >> that's not all. in a feisty campaign stunt, he went on to use offensive language when talking about hillary clinton's loss to obama during her 2008 presidential run. he is demanding an apology from

the biggest isis recruiter. a clinton spokesperson says she will not apologize. bowe bergdahl face charges as he was arraigned on desertion charges. he did not enter a plea and had simple yes or no answers to the judge. if convicted, he could face up to life in prison. he is accused of walking off his afghanistan base before being captured by the taliban in afghanistan. we now know philip chism will be sentenced january 29. attorneys in the case were called back to court today. last week, he was found guilty of the rabe and murder of his math teacher, colleen ritzer. he faces up to life in prison but could be paroled after 15 years because he was a juvenile when he killed colleen ritzer. crews working to operate a toppled crane.

used to remove a tree when it fell into a home. luckily, no one was hurt inside the home and investigators are trying to determine what went wrong. extra police on patrol around schools in nashua new hampshire after an online threats against two high schools. all nashua schools were closed yesterday while police checked the buildings. by late afternoon, they gave the all clear saying there was no current threat. >> this cancellation has given law enforcement the extra time to conduct extensive safety checks of all nashua schools and determined that no threats or devices of any kind were found. >> in addition to the extra police, counselors will be available at the school for any students who feel anxious about what happened. coming up, staying nice for santa. the highway warning for the holiday. the record-breaking journey for one rocket. plus, the dangers of

what boston doctors say they see in nearly half of those on the night shift that could put the dish be putting them at

a holiday warning as

road for christmas. billboards like this read texting will get you on the naughty list. they will be put up around the while on the roads. the new year could bring a new fare hike for the t. the t fiscal board met yesterday. according to the globe, they approved a measure allowing the t to hike measures by 2% every two years. now, the decision could go to be can help. they already read -- increase rates by 5% last year. meanwhile, we learned the t has higher average wages than any other transit system in the country. 20% of t workers have made more than $100,000 this year. the highest-paid employee to home $315,000, more than half of which was overtime. the average overly -- average wage at the t is $35 per hour.

into space last night to deploy 11 small satellites. it returned a few minutes later and landed vertically, a similar attempt in june failed when the rocket exploded as it tried to land. an out of this worldview. a nasa orbiter bringing up this incredible image of the earth -- earth raising over the moon. the tan area is the sahara desert. the reconnaissance orbiter has been on the moon since 2013.>> what a cool picture. you are going to need the umbrella today. it has been damp, soggy not even nice out. >> i have been really excited about the foreman coming up. it's rare. we've got to's -- to think of something. >> i like we said, rudolph is going to get a break. >> he is going to be guided by the full moon.

the full moon fell on christmas morning was 1977. the next time not been told 2034. pretty special. officially, the full cold moon. 510 in the city of boston right now and 600 in todd right now. 490 in nashua. a little cooler north and west of boston but a warm front has lifted northward during the day. with it, some showers. generally light. one band lifting now with lightbody activity. it will fill back in over the next few hours at times as this area of low pressure comes by. where do we go from here? between now and 3 pm, we may get a little action except for the south coast where we may see rain and even a couple downpours. for your evening drive home,

breaks in action. not pouring the entire time but wet roads, particularly boston down to the cape and islands. we get some partial clearing tonight but it's going to be mild. by the time we wake up tomorrow morning, clouds will start to feel -- fell back in but no precipitation. a dry, morning commute. afternoon. lunchtime should be okay the rain will approach quickly and afternoon tomorrow. let's say between the 3:00 and 5:00 timeframe. tomorrow evenings commute will be impacted -- evenings's commute will be impacted. christmas eve day, a couple left over showers but plenty of dry times. look at what happens. we get some partial clearing. this is key on thursday for christmas eve.

a little earlier, it's possible that someone comes up near 700, boston. we breakout sunshine a little earlier on christmas eve day. overnight, 40-450. 500 on nantucket tonight. this is warmer by about 5-100 in what we should normally be during overnight lows in warmer than we should be during the daytime highs. back into the 50s we go tomorrow as well. a dry start and the rain moves in. we're talking about a record. no problem crushing the record on christmas eve. the old is 610 with a forecasted high of 680. christmas day, we may come close to the record of 650. a few more records will fall on christmas eve day. the latest time to have an 1/10

worchester is normally november. more rain possible this week though they front nearby and cooler air should put us in the 40s. today, the homeless woman who drove her car into a crowd of homeless -- of people on the vegas strip will be charged with murder. the crash killed one and injured dozens more. lakeisha holloway did it on purpose according to authorities. holloway had been living in the car with her three-year-old daughter, who is also in the car at the time. police say she pulled into a casino parking lot after the crash and told the valley to call 911. >> she did not demonstrate signs of being under the influence of alcohol but we had a drug recognition expert respond to the scene and determine that she -- he believed she was under some sort of stimulant. >> she had both hands on the wheel and was looking straightforward. >> investigators are searching for a motive.

cannot be ruled out just yet. the night shift could be putting workers at risk on the road. the study shows more than half of those who work overnight have trouble staying awake at the wheel on their drive home in the mornings. researchers suggest workers skip driving and use another mode of transportation. the fda has lifted its lifetime ban on accepting donations from gay man -- men. they revised the rules to now allow men to donate blood if they haven't had sex with another man in the past year. the law went into effect in 1983 at the start of the aids crisis. a randolph man said he created the characters of kung fu panda -- but now he's facing charges for allegedly making it up. >> he said dreamworks stole this catch to create kung fu panda but gordon sketch came

dreamworks spent $3 million fighting this in court and he could now face up to three years in prison. the warm gesture that has boston police taking notice. the great getaway, the daring leap from one alleged criminal. here is what's going on on http://boston.cbslocal.com/

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a thief makes a daring jump in ohio. surveillance video shows the man running from security. he tries to go down the up escalator but gets caught by the police officer in decides to jump but the officer grabs the man who is tingling for a few moments but he does end up falling, injuring his head. the man is expected to recover. many of us are in the middle of the last-minute christmas shopping rush. received? the list of the most returned holiday gifts is out and those unwanted items include overly expensive fancy jewelry, olive

i will have to take all your gifts back. an officer moved some construction cones so i woman could get out of her driveway and she asked if she could get the officers and coffee so she drove off. two hours later, the officer was leaving the construction area when the woman ran up and handed him a dunkin' donuts message, thank you for protecting this great city. police say we they were touched by the gesture and posted online thank you for thinking us. it means more than you know. long way. keeping up with the griswold's. >> the throwback showing up for

we want to update you on breaking news. stefan silva who gave the tsarnaev brothers the guns used to murder officer collier has been sentenced . he was given time served. prosecutors wanted additional time added on to what he has already served but he was just served time served -- sentence

look at this beautiful station wagon. this is what is writing around knoxville. it is nearly identical to the griswolds families and christmas vacation. >> the biggest thing i wanted to do with this family trickster is bring a smile to somebody's face. >> the station wagon owner says some people will follow him around for miles waiting for him to pull over so they can take a picture with the car. >> best christmas movie ever. christmas vacation is a big hit in our family. i'm sure we will watch it again. next couple days. we are on our way to record warmth. we are tracking areas of rain. additional rain. 600 christmas eve and still

>> be sure to join us for our