heather: breaking news right now. sentencing for the man who gave the gun the marathon bombers. reporter: when ouster what they thought, they had no comment on his release. stephen silva walks out of court after spending 70 months behind bars. he was once with tsarnaev and led the marathon bomber the gun that was used to kill m.i.t. officer sean collier. silva was not charged in connection with the bombing. he pleaded guilty to gun and distribution charges. prosecutors asked for a reduced sentence after he testified

today' s silva apologizing corporate being young and dumb. then judge mark wolf sentenced him to time served. >> he had nothing to do with the use of the gun as it was, at the marathon bombing, and what he did to cooperate with the government makes this the right thing. >> we all make mistakes. reporter: silva plans to go back to school, earning his degree, and try to live a productive, law-abiding life. kelley tuthill, wcvb newscenter 5. phil: aaron hernandez wants a court hearing to see if one of the jurors to voted guilty was highest against him. hernandez' s legal team says they

the odin lloyd trial. his lawyers want to question a particular juror. no word on that yet from the judge. heather: a suicide note found in the car of a mother. rhondella richardson is live in lakeville. rhondella: the children spent the day at home, while while their mother was in court asking for supervised visits if mom posts bail on the kidnapping charge. desperate and worried over possible abuse at the lakeville home. that is how the defense explains how 46-year-old valerie mcgrath went on the run with her children. their father has custody. >> she said she did not want to go home. she was afraid. she was scared. this is what she has been

>> the children are happy to be home. rhondella: the children' s dad refused much of what mcgrath prologue yours said. she had permission to take the seven-year-old and five-year-old, but did not return. at police found a suicide note when they located the mom' s a band and suv in swansea. >> a corrugated hose with a plastic bag. rhondella: the defense says that violence. >> he has convictions for assault and battery, assault with a dangerous weapon. there is a restraining order. >> that' s absolutely false. even documentation of domestic incidents, the dad is focused on protecting the children. >> i don' t know what to tell them yet. >> [indiscernible]

rhondella: today in court we learned that a sister says the mom is so depressed about not seeing the children for six weeks, she might as well as a strive into traffic. live and in lakeville, rhondella richardson, wcvb newscenter 5. phil: the danvers teenager accused and convicted of killing his teacher -- last week the 16-year-old was convicted of the murder of colleen ritzer. he faces life in prison but could be eligible for parole after 15 years because he was a juvenile at the time. heather: the boston chipotle connected to a noravirus business. the cleveland circle location was stiff infected. a second round of testing came back negative for the virus.

phil: checking up the weather. a very warm christmas ahead. heather: let' s check in with harvey leonard. harvey: we have a few pockets of fog around worcester county, southern new hampshire area you can see the visibility is down to a mile and three quarters at worcester airport. there will be pockets of rain around. as for the rain, it is in boston metro west. it is starting to steadily to the east. here is a better idea. you can see it is the package. i do expect that to be out of here completely. however, we have another big another big batch of rain that is coming. you see the clouds will fill in tomorrow. here comes round two of the heavy rain. it' we'

the real warmth is not tomorrow. it' s beyond that. i will tell you about that in a few minutes. phil: thanks. one of the country' s largest malls packed with holiday shoppers briefly shut down after a violent attempted robbery. it happened at a rolex shop inside the roosevelt field mall on long island in new york. a mall security guard wrestled with the suspect causing a gun to go off a bullet hit a mall -- to go off. a bullet did hit a mall employee outside the store. he' s in serious condition the suspect in custody. as you would imagine it was causing chaos. seen running for the doors. new at 5:00, a lowell him with a knife while he was on duty. that is the subject -- the suspect in the middle, sean le fever. he says that he came at him last night. a dangerous weapon.

looking for a car that may have fled the scene of this crash involving a school bus and , downed wires. police and fire crews responded to fremont street around 7:30 this morning. no one was hurt but police are investigating. construction worker is hospitalized after he was crushed by falling concrete. our partners say he was remodeling the inside of a warehouse. part of a concrete wall collapsed on them. the man was alert and conscious when he was taken to the hospital by helicopter. phil: a crane that toppled onto a home in plymouth was removed overnight by another crane. the family hired the crane operator to trim trees. it' s slipped. a teenager was inside the home of the time, but not hurt. heather: public schools in nashua, new hampshire back open after a threat forced them to close yesterday. police say the detailed threat was directed at students at the city' s two high schools. a day-long search of the buildings turned up nothing and no problems were reported today

,and now to our commitment 2016 coverage -- while donald trump is calling for an apology from hillary clinton, critics say he is the one who needs to say sorry after unleashing his fiercest attack yet on the democratic frontrunner. newscenter five' s ed harding is here now with details. ed: it does not appear any apologies are coming. trump used a derogatory term to describe how mrs. clinton lost the 2008 primary. candidate, ted cruz, is gaining ground on trump. on the trail in iowa, hillary clinton against those donald trump' s language is helping terrorists recruit. secretary clinton: it is playing into the hands of the violent jihadist. ed: refusing to respond to trump for latest attack when he used a sexual term to describe how she

mr. trump: she got [beep] she lost. isis is using that video to recruit. ed: a new poll shows that trump may take -- may need to take aim at someone else. ted cruz is catching up. the texas senator still careful not to criticize his rival. senator cruz: trump speak for himself. m going to speak for myself. for trump, too. ms. fiorina: we cannot have beat hillary clinton. ed: he also took aim at caroline to be the u.s. ambassador to japan and could not keep up with the country' s brutal, brilliant

phil: the mass pike is moving, albeit slowly. there are wet roads and that does contribute to it. let' s look at the maps . 38 minutes from mass back to root three. from the north, 29 minutes from the upper deck to 128. out west on the pike, tree six minutes and building. that is double the drivetime. across the pike, it is heavy. it was a few 45 minutes to get from the weston tolls to 495. once you get to 495, eight minutes from the mass pike to do 90. that' s a look at traffic area heather: coming up -- the fight against islamic extremists in afghanistan is intensifying. phil: the u.s. strategy right now as isis gains ground and a taliban attack claims six u.s. soldiers. heather: plus, the army sergeant held by the taliban for years faces a military judge for the first time. the prison sentence he could

connected to a cold case murder in taunton. heather: and "star wars" spoilers now linked to an arrest

>> you are watching more -- you are watching newscenter 5 at 5:00. at heather: tonight, we' re learning more about six americans killed in a suicide bombing in afghanistan. a new york city detective and an air force staff sergeant are among the dead. aixa diaz is live right now in our washington, d.c. bureau. aixa? aixa: heather, the mother of the air force staff sergeant says her son was one of six u.s.

group of nato and afghan troops outside bagram airfield in afghanistan. the new york police department also in morning. one of its to was killed in that attack. he serves with the national guard and leesburg had a wife and two children very the taliban has claimed responsibility for this bombing. monday became the deadliest day for americans in afghanistan since 2013. live in washington, aixa diaz, wcvb newscenter 5. heather: the army by the taliban for five years court. sergeant bowe bergdahl did not enter a plea and the charges of misbehavior before the envy. he was released last year as swap.

sergeant bergdahl wish to enter any motions directly at this time. arjun bergdahl deferred all of these decisions to a later hearing. heather: he faces life in prison, but his attorneys say he is already suffered enough. phil: the woman accused of running down a crowd in las vegas is on suicide watch tonight. 24-year-old lakeisha holloway is facing murder charges after allegedly barreling into a group outside a casino on purpose. one person was killed dozens more hurt. it' s still not clear what the motive was. police say she was homeless, out of money, sleeping in her car with her young daughter and had only been in the area for a week. heather: if you are still looking to ship your christmas gifts in time for the big day, believe it or not it is not too , late. however you are going to have to dig a little deeper into your wallet. calling all procrastinators rushing to get those presence in the mail to make sure that those

time for christmas. >> only 10% of americans are actually done with their holiday shopping. heather: not only do you have plenty of company, you have time. the deadline towards two day shipping is today and one day shipping is tomorrow area but fair warning -- it will cost you. >> you are definitely going to see sticker shock. heather: we are talking to her three times the price of regular shipping. how about considering amazon prime now? >> you can place an order on christmas eve on the 24th at 10 .50 in membership, you can get that same gift that night. heather: that membership does cost $99 a year.

something about the customer service desk. and curbside is for you. it is new and you can simply order on your phone from many retailers, including target, and schedule a pickup. another new option is something called deliv. it is like uber, but for deliveries. it is operating in boston and cambridge. phil: take a look. a rare sight expected in the sky this christmas. a full moon which will peak around 6:00 a.m. eastern time so you may be able to see it. this will be the last full moon of the year. the last time one appeared on christmas day was back in 1977 and the next won' t happen for another 19 years. another reason to get up early. harvey: it will be very mild. i can tell you that. it' s raining and it don' t around 60 degrees. absolutely an amazing pattern. it is not done with us yet. first we have to deal with the rain.

not that far away, but they will not be actively moving here review can we that across the upper great lakes. minneapolis, 33 degrees. that wedge of warmth will be over us for the next 33 days. the biggest push of warmth is slated for thursday, christmas eve, as you have been hearing undoubtably. at the rough estimate is a quarter of an inch of rain has fallen. very mild. breeze out of the southwest very the barometer is falling. this is the rain. the back edge of it, you can see clearly, 128 and 495 except for . moving steadily to the east. this will be off the coast. going to be over a little laughter 6:00. these guys are trying to clear behind it.

we may not get too much clearing tonight. there may be some areas of fog. we may get the benefit of a little bit -- noticed this cloudiness fanning out ahead of it. the clouds will fill in and this will be a more impressive rain area tomorrow night than what we have been experiencing today. here' s a look at future cast. notice the rain. it is showing breaks in the fog. if you do not have the fog. -- for the evening commutes, the heavy rain is just behind and some of those dance of heavy rain may include a thunderstorm. mild tropical air getting set to move and in this very bizarre pattern.

be first thing thursday. most of the daylight hours probably will not have rain. this will show some brightening of the skies thursday afternoon. if the sky is brightening and we see appreciable sunshine, we will go over 70 degrees. if we don' t, we are guaranteed to be in the 60' s and record-breaking warmth is all but a certainty. 50' s off to the west. it' s very, very mild. breeze out of the southwest bringing the warm air in. temperatures will not fall that much tonight. we will make it into the 50' s. but remember, the clouds will thicken and the rain is going to commence. we will bounce way up into the 60' s. this could be underdone. amazing, indeed. you will need that umbrella late

only talk about these records on thursday, here is the cloudiness. the records will be broken very easily during the wars of the day on thursday and even christmas day it looks like it will be dry on the daylight hours. it will be cooler, but still very, very warm. there will be bouts of rain. and a quick shot of rain early next week. see you at 5:30 p.m. heather? heather: the state reminding drivers to keep their eyes on the road this holiday season. massdot placing these electronic billboards on highways reading "texting will get you on the naughty list." if you think it is a joke, it' s not. fines for texting while driving include 100 dollars for a first offense, 250 for a second and 500 for a third and subsequent offense. keep your eyes on the road where they belong.

heather: so dangerous, yes. some special guest at the boston children' s hospital this morning. phil: how about keith lockhart and the boston pops? spectacular. patriots star troy brown was also on hand. this was the 11th year the boston pops has performed at the hospital. it is a tough time of year to be at the hospital. they do such a wonderful job. heather: i could listen to them all day and into the night. ok, seven simple steps for you to take care of your hearts. phil: coming up -- what you can do to create a healthy lifestyle. heather: at 5:30, thousands of dollars in toys meant for needy kids are stolen. how the crime is bringing out the best in some of the

6:00. bah humbug? questions in danvers, after some homeless families are told they have to remove their christmas

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phil: the idea you could be obese, but that may turn out to be a myth. researchers found of these people who do high levels of

unfit people. researchers say results also show that weight is the most health. heather: extending the number of could help her get pregnant. a new study in the journal of the american medical association shows women under forty who used their own eggs had a 33% success rate within the first cycle. by the sixth cycle, women had a cumulative live birth rate of 68%. women between ages forty and forty-two, also saw an increased success rate up until the ninth cycle. - next story - -- there are seven simple steps that you can take to protect your heart. add in the champagne and all the seasonal goodies and it'

to enjoy -- hard to ignore this is the season of indulgence. health. researchers say their seven simple steps that together lead to a reduction. exercising, eating a healthy diet, keeping total cholesterol low, maintaining healthy blood pressure, and managing blood sugar levels. sticking to them may require a disciplined approach. ok, as you put down that champagne glass and draw up your resolutions, consider a few of those changes and try to make his new year the start of a healthier heart. phil: some of them are really difficult to do. heather: i agree. i think it trivializes to say they are simple steps. their difficult steps. but a better you. coming up, massachusetts inspiring the fight against opioid addiction in new

phil: more on the bay state in at least one community there. heather: we' ll show you the security preparations now underway in bethlehem ahead of christmas. phil: plus, how one airline is helping fight stress at the