>> from boston' s news leader, this is newscenter 5 at noon. emily: thank you for joining us today erika:. right now. a local man and court accused of driver and apparent case of road rage. emily: a boston man on trial for the murder of an armed veteran shot to death two years ago after returning to mature duty overseas. erika: a major offensive overseas.

aided by the u.s. launch a iraq. first, trawl symantec use of pointing a fake gun at a driver case of road rage. found the replica gun and his car. another driver says he pointed the gun at her from the ramp -- on the rent from 93 wars -- north. we will bring you more tonight on newscenter 5 at 5:00. and it is on trial for the murder of this former army ranger shot and killed in 2013. sarah is live outside. morning. reporter: familymembers of that courtroom. some of them tearing up as a listen for opening statements the prosecutor calling the killing a stupid action. 27-year-old joseph topolo who served in afghanistan was shot

and killed two years ago. prosecutors say he was in the wrong place at the wrong time. >> reporter: the trial of his alleged killer got underway today. prosecutors say the victim was a bystander at a friend' s home on a jugular turned violent -- drug deal turned violent. >> stupid, stupid action. the consequences [indiscernible] reporter: the prosecution' s case relies on witnesses with little credibility. >> the evidence will show in this case of the believable evidence is that he is not guilty of these charges lost against him. he is not guilty of these crimes. reporter: eugene tate will not

another defendant, jesse williams will also stand trial. prosecutors are coming a joint venture in this killing. >> more potential jurors in court and say that today in the philip chisholm murder trial. eight jurors have been chosen and another eight are still needed. he' s accused of raping and murdering his math teacher at danvers high school in 2013. prosecutors expect opening statements to get underway on monday. >> a stager is recovering after being hit and a wrong way crash on the cape. it happened on route six just before midnight. policing 80-year-old man with medical issues was driving east on the westbound side. when troopers try to slow traffic to stop them, he hit one of the cruisers. the driver has been issued a summons and may have his license revoked. live fixers of a gloomy boston. more rain pushing in. he will not last long. we' re talking about strong winds

cindy: they will bring in colder eventually. you can see the temperature in minneapolis. it' s only about 30 right now. the winds are howling. we' ve been socked the last 12 hours. temperatures have barely budged. you can go back 24 hours in the temperature really has not ve had. 48 in boston right now. 44 in worcester at midday. notice on the cape it is around 50. the winds are tending to the south-southeast. we have some rain coming in. the temperatures will go up a few degrees this afternoon. one band of showers working on and and more up to the west. taking you tighter into worcester county. these are reaching over towards metrowest and framingham. and down towards buzzards bay on the canal. a little bit of light rain at the moment. the showers will become more numerous. by 3:00 this afternoon p.m. there will be scattered

kind of on the lighter side that around 11:00 tonight you' ll need to have a wet weather gear on. temperatures do creep up into the low to mid 50' s by midnight. we will talk about where they go heading into the weekend coming up. erika: knew this noon, a first in the nation meeting in boston. mothers around the country who lost children to violence come together today to come up with a way to stop senseless crime. todd is live outside the world trade center with more. reporter: this is a three day conference with the goal of ending violence. they are realistic. they know the will not happen by the time it wrapup tomorrow. the goal is to share ideas. mayor walsh was here to share to ending the epidemic of violence. different states. each as either lost a child of violence or has set a child commit violent crime. this conference at the hotel is the first ever national conference. the organization behind it, mothers for justice and

equality, was founded five years her nephew to violent crime. >> we have to be able to use what we have, which is our pain and grief to begin to influence the decisions of those that are in positions of leadership. reporter: one of their mottos is to bring one million souls to the polls to support whichever candidate they can go to the most to quell violent crime. todd kazakiewich, newscenter 5. >> knew this noon, this former police officer will be sentenced today after he was captured on video slamming and 19-year-old drunk driving suspect into a wall six years ago. mark richardson pleaded guilty last month to simple assault after a jury failed to reach a verdict back in may. he faces up to 21 days in jail.

right now, this man is facing charges, accused of killing -- stealing thousands of dollars from the community fundraiser in westport. the altered $5,000 in checks and then deposited them into his own account. he is in writing other fundraisers around the area for several years under business names including community efforts. police are investigating if of his vitamin involved. >> a chelsea woman and her dog attacked while walking down the street this morning. >> i was walking down state rose -- saint rose and a document benefactress. -- and a dog came up and grabbed her. >> police and animal control are still searching for the dog. also, an unusual discovery by the new england aquarium. a postmortem exam shows his 400 pound endangered sea turtles found in cape cod died of three factors. hit by a vote, tangled in marine

gear, and ingesting plastic resulting in a gastrointestinal blockage. experts say usually turtles i have one of those in this is the first time they can recall a turtle dying from all three. fandel is telling -- fandeul uel is telling people to play despite being called illegal gambling. draft kings also planning to fight to stay in business in new york. massachusetts is looking into general says the decision in new york will not affect the outcome of her investigation here. >> anybody looking at this gambling. that does not make it illegal. to play the stock market. there are ways in which gambling may happen. reporter: boston-based draft k ings and fanduel say it is a

-- on the campus of umass boston. is part of his inauguration he is set a goal of raising $1 million for scholarships and financial aid. >> commitment 2016. another busy day in new hampshire. several more republican candidate adding their name to the primary ballot today. up first is lindsey graham of south carolina. getting emotional this morning, saying it' s been a long journey getting to this point. he will not accept being called an undercard candidate. about an hour later ted cruz showed up to get his name on the ballot in new hampshire. turn. he filed after 11 a this morning after politics and eggs event. candidates from both parties of already filed an answer -- in s first in the nation primary. we are proud to be a sponsor of home-based.

night we has few to donate during an hour-long special hosted by randy price. you get wasn' t $100,000 and we are still counting. you can still give. the phone lines are closed but you can text veterans to 91999 or log on to allbase.org -- homebase.org/donate. >> the encounter after both drivers spun out on a busy road. >> a major attack on isis overseas. the joint attack involving the u.s. to take a icky iraqi city. -- a key iraqi city. cindy: winds ushering colder air for the weekend. >> following new details about obesity taking doctors and researchers by surprise.

the son of a polish immigrant who grew up in a brooklyn tenement. he went to public schools, then college, where the work of his life began -- fighting injustice and inequality, speaking truth to power. he moved to vermont, won election and praise as one of america's best mayors. in congress, he stood up for working families and for principle, opposing the iraq war, supporting veterans. now he's taking on wall street and a corrupt political system funded by over a million contributions, tackling climate change to create clean-energy jobs, fighting for living wages, equal pay, and tuition-free public colleges. people are sick and tired of establishment politics,

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>> you' re watching newscenter 5 at noon. >> they give a shoot out in baltimore. one man who shot and killed. the least give across the men armed with a gun on a city street last night. another officer returned fire, killing the man. the injured officer is expected to be ok. and terrifying case of road rage

dustin curtis was driving when he saw two suvs cutting each other off. he grabbed his cell phone and recorded this video. you can see the vehicles aggressively driving around each other. both of them end up spending outlook for the drivers get out and confronting each other. >> i started filming and i figured it was going to get worse. they both looked like they were mad. this person was going to say it was this person' s fault. the video, here it is. >> no one was hurt by curtis took the video to police. both drivers are facing reckless driving charges. >> investigators coming the wreckage of this plane caught on camera crashing in ohio. it slammed into it -- an apartment in akron, killing everyone aboard. the ntsb says no distress call was made before the plane suddenly dropped as it approached the airport. the cockpit voice recorder has been sent to a lab for analysis. crews suspect a mechanical

to overseas in a massive assault against isis and iraq. thousands of kurdish ground forces backed by us-led airstrikes are trying to recapture a key town overrun by the terror group. last year as megan reports, it appears to be working. reporter: the offensive began near sunrise. convoys giving several thousand kurds advanced on the city of sinjar from several fronts. exchanging heavy gunfire with several hundred isis forces on the ground. coalition forces, including the united states are backing them up by air. this fighter said the situation so far is good. they have movements but they are continuous airstrikes on them. kurdish officials said they already captured a 22 mile stretch of the strategic highway. bbc is on the front line. >> the kurds determined to recapture the town but it will be hard going. there is tough terrain. very adept at leaving behind

reporter: the stakes are high in the battle for sinjar. it considered a major route for between stronghold since. and iraq' s second base is -- biggest city. and enslaved thousands of a member of a nothing minority thousands fled. airstrikes. the city is now largely destroyed and they are joining the kurds and try to take back her home. military officials say u.s. advisors are located well back in the fighting. they expect a tough fight that may last 2-4 days. making hughes, washington. >> by special honor for former army captain who tackled a suicide bomber in afghanistan, saving lives. the president awarded him the medal of honor. the 32-year-old is credited with

four people were killed and he was badly hurt. today marks only the 10th time a living servicemember received the nation' s highest military honor. >> that it was the worst day of his life. and that is the stark reality behind these medal of honor ceremonies. on his worst day he managed to some of his very best. >> he spent three years recovering it well to read national military medical center, undergoing more than 30 surgeries. cindy: the midwest continuing to get pummeled by severe weather. the same system that brought a foot of snow to denver continuing to drop more. in wyoming, several roads that he shut down because of severe black ice. wind gusts up to 70 must for our triggered several more wrecks last night. it was not snow but tornadoes wreaking havoc further east.

the national weather service touched down. meteorologist will be in the states a surveying the damage. and some of that system is heading this way now, we getting. -- we getting. -- weakenn nikng. cindy: it' s producing a lot of wind right now and it will be we will see some rain. it. whether the latest drop monitor showing you a lot of southern new england where you have to ground color and moderate ground conditions. that a good portion of the state of connecticut and a chunk of massachusetts. we got rained yesterday, more than half an inch in boston. the deficit is still more than eight inches. we are about 7.5 and the worcester area. we are getting a little bit. rain totals through tomorrow morning. 2/10 of an inch in most spots. the rain coming at us will be on the lifecycle of a gloomy day.

november is typically the cloudiest month of the year. until yesterday we were having in a typical november. today is the day to lock in the clouds. 48 degrees the wind is shifting to the south. southerly wind is going to push the temperatures up a few more degrees. we touched 50 and hyannis. lower 50' s on nantucket. boston, 48. 44 and -- in worcester right now. a little bit of fog. easy visibility is down around the worcester area. around half a mile. we have the rain shower starting to move on it as well. you can see the moving along at a pretty good clip. everything is racing towards the knees-northeast. let me show you were the rain is falling to the northern worcester county. down towards clinton and actin we are getting some light showers. right now. very light stuff in norwood in towards plymouth.

this is the first batch. there are more here lining up in a scattered nature ahead of this cold frontal boundary. scattered showers will continue to develop for the rest of the afternoon. temperatures up to about 50 and 55. as they go through the afternoon , 4:00-5:00, numerous showers around. these will be with us through about 11:00 this evening. and in the front crosses in the skies clear out. we will see the rain come to an end before midnight. s as the wind shifts around. they will be with us tomorrow and a gusty winds out of the west. a little bit of sunshine returning tomorrow. the wind is trying this out. averages can look to about 55. or 60 with the wind blowing a system. look what happens friday night. higher elevations. the mountains of new york,

big story for us tomorrow will be the winds. look at how does the they will be, over 20 must for our in the morning. over 30 most for our in the afternoon. we will be in the upper 50' s but it will feel colder with the wind. colder winds come in on saturday. it will be a breezy, cooler day. sunday is more comfortable to be outdoors. lower 50' s on sunday and look at that next week. the jet stream changes once again to the north and apple will bring a return to milder than average temperatures. we could be back in the lower 60' s here by wednesday. a lot of changes coming up. erika: a major lawsuit over a birth-control mixup. >> more than one of your women are suing for the cost of raising a cloud, claiming they got pregnant because of a packaging mistake. if prompted nfpa recall in 2011 because placebo pills were in the wrong spot and labeled incorrectly. they say this left them without

they were made by a subsidiary of vanda pharmaceuticals. obesity rates are on the rise in the u.s. despite more than a decade of public awareness campaigns. experts have shot obesity rates have leveled off. the cdc says they actually climbed to nearly 38% of adults. that is up from 32% a decade ago. what is more troubling is experts say they have no explanation for the increase. he is back. james taylor returning to fenway park on august three along with jackson brown. he first played at fenway last year. tickets to the show go on sale friday, number 20 and 10 a clock a.m. -- 10:00. >> a dream come true for a terminally ill springfield boy.

>> good boy. >> happy ending for this scare. their dog fell 25 feet down a well. the rescue required a ladder and

a lot of patience from the firefighters. >> give they are hoisting two-year-old buddy out of one foot of water. he did nothing a lot of noise so nobody knew where he was. it was not until the next day the kids figured out what was wrong in the rescue started. >> i started talking to the dog and telling him it' s ok. >> a firefighter was cut in the rescue but he will be ok and that he is just fine. >> a special honor for local boy battling a terminal illness. >> yesterday he had his dream of becoming a police officer come true. more than 50 springfield police officers, firefighters, and personnel rolled out the red carpet for this five-year-old. they get a meet and greet with firefighters. a convoy of emergency vehicles paraded around baystate medical center, giving him badges and other mementos. even got a chance to meet the police department k-9 for being allowed to work the sirens and lights and a police cruiser.

>> the buttons. and cars. that was probably a thrill. cindy: we have some rain coming in this afternoon. gusty winds will bring cooler temperatures this afternoon. milder temperatures thanks of the jet stream to the north. we are cooling down this weekend.