released to his family for christmas. stephen silva walks out of 40 free man after serving 70 months behind bars. chest but human and we all make mistakes. -- >> i am human and we all make mistakes. i would like to extend my deepest condolences to the family. i' m very upset. i had no idea. reporter: silva was not charged in connection with the bombing and last year pleaded guilty to gun and distribution charges. prosecutors agreed to a resist -- a reduced sentence of two years after he testified against tsarnaev. prosecutors wrote that his testimony was an important piece

today, silva apologized in court for being young and dumb before judge mark wolfe sentenced him to time served. >> i will go back to school, get my college degree, be a productive member of society. reporter: the call your family family they had no comment. heather: erin hernandez for loggers got a tip that a juror -- aaron h ernandez' s lawyers got a tip that a juror knew about a double murder case that was not allowed. at there is no decision on their request from the judge. ed: a court magistrate is off the job after five investigates tracked her work habits.

was one of the highest earning court clerks in the state. she has been suspended for 30 days without pay as a result of our investigation that exposed a pattern of the clerk not a court in the middle of the workday. 5 investigates tracked the work habits of the magistrate for 36 days and found the clerk at the courthouse on average only two hours 33 minutes a day. while court was in session and concorde, our investigation found the clerk miles and miles away in lowell. she' s not at work. a pattern 5 investigates documents day after day. she calls it quits after less than three hours on the job and headed across state lines with 5 investigates intel. she enjoyed a late lunch in seabrook, new hampshire, and then it was off to hampton beach. you think it is ok that you are not here? >> i think it' s time that i take

reporter: she was raking in almost $135,000 a year and an additional $35,000 setting bail after hours. after our investigation, the state trial court launched a review. now a spokesperson is telling us the investigation has been concluded an appropriate administrative action has been taken. do you think you can be m not aware of any issues with doing my work -- >> i' m not aware of any issues with doing my work. reporter: the suspension took effect yesterday. we reached out to the clerk and are lawyer, but did not receive a comment back. kathy curran, five investigates. ed: new at 6:00, an ayer man has september hit and run that killed a brother and sister. 29-year-old daniel depaw will be

he' s accused of hitting gina and george burdick as they unloaded depew is being held without bail. heather: the danvers teenager convicted of killing his teenager will be sentenced january twinighter. philip chism was convicted in the death 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. ed: the mom accused of kidnapping her own kids is being held on $50,000 bail tonight. her lawyer says she was afraid to return her 7-year-old daughter and 5-year-old son to her boyfriend who has full , custody. newscenter 5' s rhondella richardson is live in lakeville. the father tells me that his children sunday night woods, the camping. the mother said she fled, fearing the father would harm the children. >> they started crying, saying

she was afraid, she was scared. she is a victim of domestic violence. this is what she has been dealing with. rhondella: depressed and a worried about abuse at home -- this is how the defense explains how the 46-year-old when on the run with her children. >> the children are happy to behold -- to be home. and i' m ecstatic. rhondella: on sunday, she had permission to take the seven-year-old and five-year-old to dinner, but did not return. police spotted them after a daylong search at a mcdonald' s. they found a suicide note when they located the mom' suv in swansea and then evidence of a rental. >> there was a corrugated hose with a lasting bag. >> he has multiple convictions for assault and battery.

this past january. there is a restraining order. >> that is absolutely false. rhondella: disputing even documentation of violent incidents, he says he is protecting his children. >> i don' t know what to tell my children yet. they are asking questions. rhondella: the defense described the woman as desperate. without kids, she said, she must not even live anymore. rhondella richardson, wcvb newscenter 5. heather: a construction worker is hospitalized with serious injuries to his head and body after getting hit by falling concrete. our media partners at the enterprise say the 36-year-old was working on remodeling the inside of a warehouse on shuman avenue in stoughton this morning when part of a concrete wall collapse crushing him. , the man was alert and conscious when he was taken by helicopter to the hospital. ed: this crane that toppled onto a home in plymouth, splitting

by another crane. the forman family had hired a crane operator to trim the trees around their lisa avenue home. the crane was lifting a tree when it flipped. a teenager was in the home at the time but was not hurt. heather: this is new at 6:00. a worcester man allegedly unhappy with his own condone it order is accused of threatening workers with a knife. just a pan and initially went through the drive-through line, and then went inside to complain. he is accused of waving a knife, threatening employees, and customers. the chipotle in cleveland circle shut down after an outbreak of norovirus may re-open soon. boston inspectional services tells us the entire place has been disinfected and a second round of samples tested negative for norovirus. if the location passes inspection tomorrow, it can open again. 140 people, most of them boston college students, got norovirus

employee was the source. >> i brought it out of my door in front of them. ed: tossing out christmas trees before christmas? why some local families say they had no choice. heather: bum ride? as riders cringe about likely fare hikes, the t promises to crack down on on absenteeism and major overtime. harvey: today' s rain in the process of going bye-bye putting more impressive rainstorm on the way and record warmth. about the timeline. at ed: the winter classic is just 10 days away but bruins fans are not going to be happy when they hear -- th holiday season's just like football season... you got your big games... ...and regular games. get it all at a great price... ...and the holiday season is won. everything in one place.

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announces a crackdown on s get to newscenter 5' janet wu, she' s live at the riverside station in newton. janet: they admit excessive they' re cracking down about, and hikes. salary this year. is it possible that there is fraud involved here as first the overtime is concerned? >> we are doing an audit. we are looking into that. we will report back once we' ve been through the process. it' s probably too early to say. janet: one maintenance worker' s paycheck totals over 2600 hours of overtime. >> we have engaged a firm to do an audit of our overtime policy and the cases you mentioned --

allowed to work when hundred 12 hours a week in total. janet: 32% of tea workers use the family and medical leave act. is it hard to make the case for fare hikes unless you get this under control? with the deficit, everything is on the table. we have not balanced our budget and years. we want to end that. janet: they require more cash. that means that collecting more ad revenues will not do it. is a fare hike looking likely? >> the predictable part is out of the window and i think the modest part is out the window as well by increasing timber sent. janet: there is a debate whether the law even allows for a 10% hike. it could end up in court. the board will talk about this

then -- the board will talk about this in january. ed: the spirit heather: of christmas being stolen. heather:acreage caught on camera

that some, right question like that was a full water bottle being thrown at a moving car. it has happened several times now in londonderry new hampshire. as you can see one victim caught , the act on his dash cam. in some cases police say cars were damaged. police ask anyone with information to give them a call. ed: a real-life grinch caught stealing christmas lights and returning for more. here is the deal. lynn police say it happened in west lynn.

he came back and took more stuff. look of the video. it might be difficult. you might recognize the gate, the lock, the sweater -- if you recognize anything, call police. heather: santa will figure something out, but some youngsters in danvers have a lot of questions. dozens of homeless families were told to remove christmas trees from hotel rooms because they' re a fire hazard. new tonight at 6:00, our pam cross reports even flame-retardant models had to go. >> it' s hard for kids to have a christmas. reporter: they never got the tree out of the car. neighbors where they live said state inspectors said no. >> they knocked on my door. he looked in my tree and said, that has to go. i said, what has to go? he said, my tree. the six-year-old said, the tree can go. santa claus won' t come. i said, are you serious?

families -- 98 in all -- remain at the hotel, chafing under rules intended for safety. this mom had a four foot artificial tree. >> i took the lights off and everything. my son is like, mom, don' t get rid of this. reporter: but it is out, along with the christmas stockings. >> there was a lady in area had a picture of her deceased mother that had to come down. reporter: the state department of housing and community say they care deeply about safety. parents say there will be presence, but something is lost. >> something came away. they could not have the celebration of the season. it is a that is hard to hear when all you want is a little holiday cheer. and in verse, i' m pam cross, wcvb newscenter 5. ed: i' m a degrees in needham. heather: isn'

today, harvey, and it deals like spring. harvey: i do like to over dazzle you with numbers, but sometimes they really say a lot. today' s low temperature was 48 in boston and the average high temperature is 39. the low temperature was way above the average high temperature. low temperature 20 degrees above normal. average that out. 20 degrees lower than normal. every single day. month. then it gets colder out west. doing. states, there you go. of course, this could likely be the warmest december ever.

41, so with not too much cold weather -- i see a little cold weather coming early next week weekly -- i think we are locked to -- break that record. most of the rest of the area has seen the rain come through an in-depth this time. but look. already coming out of the gulf of mexico more rain. clouds are billowing up. we have a few breaks later tonight and early tomorrow. then the clouds thicken. significant one. we are out ahead of this warm there you go, 6:00 tomorrow. bands of heavy rain tomorrow night, and then record warmth follows on thursday. let' s back it up a bit. 59 in boston with a very mild southwesterly wind. s only if the skies clear partially -- that is only if they are above 40.

of the southeast before the southwesterly winds take over on thursday. when we talk about early thursday morning, 730 in the morning, it will be around 60 degrees already. we may not have much sunshine. if we don' t, we will be in the 60' s. if the sun breaks through meaningfully, we will go above 70 degrees. lynchie is over here and cannot believe what i' m saying. no, i' m serious here it more specifics on the timeline. not record. we are not only going to break them. check it out. the record high and worcester is i' m predicting 70. for saturday. at some point during the weather.

time early next week, which may make the onset of precipitation monday or tuesday possibly even be mixed. that' s a long way away with the kind of weather. i meteorologist harvey leonard. >> now, sportscenter 5 with mike lynch. lynchie: tommy bahamas shirt and flip-flops for christmas. all right. they had in him last week they like what they saw and today the patriots made it official. they have signed veteran running back steven jackson and he will wear number 39. they head into the final two weeks and more implode -- more important the into the playoffs. it is unclear if jackson will play against the jets on sunday. that is a very big game for the folks down in new york. a big game for the patriots. they need one moore went to

last time they beat the jets, it was by a combined total of just 13 points. >> they have defense. they are strong against the run, strong against the pass, the turned the ball over. they has to the quarterback. they cover well. they tackle well. they are well coached. >> we know they are a great team. obviously they are super bowl champs. they have won the division for how many years. they' ve had a great year again this year. we played them once and they beat us. we have to try to get better and do things better than last time. lynchie: all right, here is how the afc standings look. the jets are in the number seven seed. if it comes to a tiebreaker, the tiebreakers are not kind to the jets. that'

is to the new york jets sunday odell beckham, jr. will have his appeal heard tomorrow. that is a one-game suspension for not one, not two,, but three personal fouls from sunday. why did tom brady have to wait odell beckham will have his hearing tomorrow. he will hang his hat on intimidation. do you see this baseball bat? one member of the carolina back. odell beckham, jr. said he felt threatened and that was his and committed those three personal foul' s. are you buying any of that at all? heather: nope. lynchie: no. although it is the bruins home of nbc'

the national anthem. the boston pops will also perform at the last winter classic in fenway park . james taylor sing the national anthem at that game, but remember -- canadians and the bruins, so maybe -- the bruins at home against the st. louis blues. a dozen points behind the montreal canadiens. that' s the final game before christmas. and the between periods rene christmas songs. ed: i just love rene. heather: coming up new tonight on wcvb newscenter 5 11:00 -- which is told you about stolen christmas light' s. another case caught on camera in dorchester. why one decoration is so popular that' s tonight at 11:00 after

first david muir. david: the deadly chain reaction. the storm as millions hit the road. did your idea make our list tonight, after newscenter 5. ed: on "chronicle" at 7:30 p.m., a shining star of boston. dr. jim and the health care

ed: i think lynchie is onto something. tommy bahamas shirts. heather: you can do it around here. ed: that' s what i' m saying. harvey: [ ] we are a family, t brought here through destiny. vand we, we grow together. t together a new world we'll see. t together... a family.

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