stunning move. a new strategy by jerry sandusky's lawyer. why the former penn state coach did not face his accusers in court. >> hi, everybody. here's what people are talking about. surprise decision. the man at the center of a child abuse case that rocks the campus of penn state, waives his right to a preliminary hearing. manuel gallegus reports now. >> jerry sandusky told the court he will prove that he is not guilty of child sex abuse. >> stay the course. or fight for four quarters. we'll wait the opportunity to present our side. >> reporter: he waived his preliminary hearing just before it was about to start. his lawyer says he waited until the last minute because he wanted prosecutors to agree to share vital information, and also to spare his client from

further accusations. >> what you would have heard would have been the common case. not -- our case. >> sandusky's attorney says this is a fight to the death, and there will be no plea bargain. and they say it is ready to move to trial. >> it will allow us to promptly advance to the case, to adjust conclusion. >> reporter: several of the men who are accusing sandusky of abuse were set to testify. victim 4. his lawyer read a statement. >> i can't believe they put us through this to the last second only to waive the hearing. >> reporter: the attorney for victim number 1 says his client is hoping sandusky will eventually take a plea so he never has to take the stand. >> testifying means recounting and reliving those horrific experiences that he had to endure. >> reporter: sandusky remains

under house arrest until his trial sometime next year. >> sandusky's next court date is january 11th. but he is not required to be at that proceeding. two men who claim former syracuse basketball coach bernie fine accused -- abused them. >> syracuse is suing for defamation. bobby davis says they were molested by fine. fine denies the allegations. a third man is also accusing fine. the d.a. says he will not be filing any charges because the statute of limitations has expired. it also names jim bayheim. >> well, time runs out for "occupy wall street protestors. city police conducted a predawn raid this morning.

mike schuh has more on the mayor's decision to evict the protestors. >> these are among the last images before the square is cleared. at 3:00 p.m., police shut down an area. they begin the eviction. but he's backed up by 100 officers who arrive in full riot gear, helmets, face shields. long batons. >> there was a lot of confusion. >> i was asleep. i got woken up by people shouting. >> reporter: other city workers with barricades are robbed. and build a metal perimeter around the park. with one set of officers shoulder to shoulder. another goes tent to tent. >> those speaking with us seem very friendly, or not friendly, but polite. >> reporter: those with little to carry leave quickly. others are given more time to dismantle their homes. >> we had the gas mask, the riot gear. we were suiting up, praying for the best, expecting the worst. >> no arrests were made. downtown shut down for four

hours. protestors praised police. and as backup should the peace not hold. and at the direction of bleary- eyed commanders, police searched the tents, collapsing them as they went. with the commissioner patrolling the perimeter, soon enough, a police operation turned into a city works project, tossingtons of tables, tents and trash. for 10 weeks, the mayor has allowed this. why now? >> we took a look at what happened in other parts of the country and wanted to make sure that ours -- that the removal of the encampment happened with no injuries. and we prayed with no arrests. and while i'm sure they have some concerns about the numbers, the -- the facts are out, that we had the right approach and tactics to make sure that that happens. >> reporter: no arrest, no injury. 18 people taken to homeless shelters in the area. the folks with occupy baltimore say it is more than just a

geographic place. "occupy" is an idea. reporting from downtown, mike schuh, wjz eyewitness news, back to you on tv hill. >> and hear from the photographer who was in the middle of all of that. although it was very calm today. and see more of the eviction. that's new at 5:00 and 6:00, here on wjz. well, more than a dozen high school students are rushed to the hospital today. pat warren is live in the newsroom with more on what happened in baltimore county. >> reporter: that's right. the high school was evacuated today when an officer, breaking up a fight, used pepper spray. 16 students complaining of eye and mouth irritation, were transported to hospitals. one of the students involved in the fight that brought police to the school is now under arrest. after about an hour, once the pepper spray was aired out, the students returned to class. all of the students affected by the pepper spray are expected to be treated and released. >> and hear from students and officials about the school evacuation coming up all new at 5:00 and 6:00. well, wjz is learning more about the man arrested for a

robbery at towson university. 47-year-old larry mcknight is charged with robbing the pnc bank on camp us. he's also being linked to the robbery at bank of america on smith avenue last month. no students were in danger. they all received e-mail alerts or text messages about the robbery. mcknight is being held without bail. a truck driver is facing charges today, in connection with that accident on the beltway that created chaos during rush hour yesterday. a back hoe on a flat bed truck. slammed into an overpass on 695 near hale thorpe. the impact bent one of the beams that supports a raised section of i-95. traffic was backed up for miles while repairs were made. the truck driver is charged with failing to meet state and federal guidelines. it is a warm day outside. here's a live look at mostly clear skies. wjz has weather and traffic together. we'll talk to kristy in just a

second. but here's bob turk. >> just an hour ago, we were at 51. we dropped a little bit. take a look at temperatures on this date. right now, we're down to 48. 58, washington. even oakland coming in at 43 degrees. loamly, temperatures in the mid- to upper 40s to close to 54 degrees. but this morning, it was chilly once again. 23 at the airport. 22 in elkton. 20 in ocean city. and 27, oakland. looks like tonight was the last really cold night. because tomorrow, our winds go back to the southwest. and here comes some more milder air moving into the east coast, with some rain to the west of us. looks like it will probably take until thursday, for our region to get into those showers. but by thursday, we'll be close to 60 degrees. mary? >> okay, bob. thank you. let's check in on our roads right now. here's kristy breslin at wjz traffic control. hopefully a quieter day today. kris tee? >> well, mary, i can assure you, it was a quieter start. if you're traveling on

northbound 95, the on-ramp to 395 is blocked, due to an accident. traffic using the right shoulder to squeeze by. as far as delays go, on the west side inner loop, heavy there from southwestern boulevard to security boulevard. and another 20 minutes on the top side inner loop. that's from the jones falls expressway, over to perring parkway. traveling the outer loop, you'll see brake lights from providence road to the harrisburg expressway in that direction. and a couple of accidents as well. bel air, emerton road, at plum tree. honey go at campbell. also walther boulevard at whitemarsh boulevard. and if you're traveling in the city, we have an accident there, quad avenue at north point road. let's take a look outside. that's a look at the west side, at liberty road. this traffic report is brought to you by kfc. it's the official chicken of the baltimore ravens. come in and enjoy a 10-piece holiday feast for only $10. tastes so good. holiday magic today, orioles style.

the team hosted its annual holiday party. dozens of students from city springs elementary school in east baltimore, spent the day at dave and buster's at arundel mills mall. they were there to celebrate with the children. each child left with a copy of the books, the polar express and a new baseball glove. also, plenty of food and drink. still ahead on wjz's eyewitness news at 4:00. horrifying accident. a 5-year-old girl, trapped under the wheels of a car. see the incredible rescue. grenade attacks. the number of dead and injured is rising in belgium. who is responsible? and virginia tech shooting. what happened just before a police officer is shot and killed. hear from a woman who crossed paths with the gunman. and as we said, it's a mild afternoon, with lots of sunshine. bob is updating our first warning forecast. ,,,,,,,,,,,,,,

with the new year comes resolutions, when we resolve to stop snacking and slacking, resolve to start reading and running. this year, resolve to help someone else, too. resolve to support the american red cross. because the red cross provides hope, help, and compassion, not only during disasters, but every day. resolve to do something that means something. support the red cross before the new year. visit redcross.org today.

a 5-year-old gets stuck under the wheel of an suv in china. take a look. dozens of people rushed to lift the little girl. witnesses say she squated down in the parking lot because she was mad at her mom. seconds later, an suv turned the corner and ran over her. the girl suffered only minor cuts and bruises. otherwise, we're told she's okay. a lone gunman brings terror to the street -- streets of a belgian city. >> reporter: panicked holiday shoppers ran screaming through the streets rk about 55 miles south of brussels. they were trying to escape a man throwing a grenade. this witness says he saw people lying on the ground, bleeding and crying. police helped evacuate a christmas market full of children. >> the bus stops exploded, says

this man. police said the 33-year-old attacker threw grenades toward a bus stop and fired a rifle on a crowd, before killing himself. paramedics used stretchers to carry away victims. a 2-year-old baby, two teenagers and a grandmother are among those who were killed. according to officials, dozens were injured, including young children. police don't know what motivated the killings, but they say they're not terror related. authorities a the gunman was on his way for questioning when he launched the attack. he had a history of drug addiction. heather covar, wjz eyewitness news. >> in another attack in europe today, gunmen shot and killed two street vendors in florence, italy, before killing himself. wall street could not bounce back today. [ stock bells ringing ] stocks give back all of the morning gains and end down again.

s&p off 11. nasdaq is down 33. let's go to new york right now, where alexis christoforous has tonight's cbs money watch update. the federal reserve held interest rates steady and said the u.s. economy is expanding moderately. in its latest policy statement, the feds said hiring is picking up and consumers are spending, despite slower growth globally. but investors are digs appointed -- disappointed they didn't offer any new for the economy. and helped fuel the sixth straight monthly increase in retail sales. gifts buying american meant more spending. the overall gain of two-tenths of a percent was the smallest since june. consumers did pull back on some purchases, unrelated to holiday shopping. macy's will once again keep a hand on the clock for the three days leading up to christmas eve.

the 14 stores will stay open for 48 hours straight. macy's hopes all of those last- minute shoppers will give it a big sales boost for the holidays. and elizabeth taylor's most precious jewels for her legendary collection go on sale tonight at christy's in new york. the legender 32-karat diamond ring, given to her by her husband, richard burton. in all, the sale is expected to bring $30 million. in new york, i'm alexis christoforous. there's less than two weeks to go until christmas. and some of the year's biggest toys are already selling out. manuel gallegus heads to the toy store for wjz to see what is hot this holiday season. >> reporter: gooey balloons. handheld helicopters. and justin bieber, with his latest look. >> justin's real hairstyle. >> it's his new real hair style. they have to be very fast with

the manufacturers. >> reporter: they showed us some of the hot sellers this season. >> for under $20, kids like angry birds, fire flies, and zsa zsa hermit crabs. >> they run around like little hermit crabs. it's got sort of a tropical caribbean theme. >> on the high end, there's an entire ninjago. a video game that uses action figures. kids certainly know what they want. >> i do like to play with electronic stuff and video games. >> reporter: too young for an ipad. how about the leap pad? educational tablets for little kids are also big. >> it's got an arts studio. you tell me what a 4-year-old needs to organize. >> parents are telling us that this year, they're willing to spend a little more on toys and games, but they want things that will last, long after the holiday is over. >> we like to buy bigger toys that will last, versus the smaller, you know, tons of it. >> you have a budget you're

trying to stay within? >> i should, but i don't. >> grownups admit they often go overbudget, buying everything from trick planes to collectible barbies. they just can't resist seeing that look on their child's face. manuel gallegus, wjz eyewitness news. >> reporter: and the average american will spend $300 on toys per child this year. coming up on wjz's eyewitness news at 4:00. a bench is empty basket brawl. will criminal charges be filed against the players involved. their son went away to college. but never went home. the son of a rutgers team speak out for the first time. our clear sunny conditions continue. don't miss the first warning forecast. wjz 13 is always on. for the top stories on wjz.com, instant updates on first warning weather all the time, click wjz.com. ,,,, [ male announcer ] are you paying more and more for cable

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oh, another beautiful night, bob. i feel lucky. >> really, mary, when you consider what december weather can bring in this region --

>> i know. >> now, we've had some wet days, but we've had some beautiful, dry, beautiful weather. couple of cold nights, but it is december. looks like this trend, at least for the mild temperatures, will continue until end of this week, it gets back to normal. but the next couple of days, still mild. take a look at temps now. we're at 48 degrees. dew point, 25. still dry air. 40% humidity. west/northwest winds at 6. the barometer, holding steady. 30.39 inches right now, 49 in cumberland. 43 in oakland. this morning, cumberland was 19 degrees. we were 23. 48. now, that's a big change. we had clear skies, light winds, and boy, the temperatures then really drop. 50 in washington now. 48 in the eastern shore. now, once again, the dew point 25. we'll see some clouds i think late tonight. probably keep temperatures in the upper 20s to low 30s. a little warmer than last night. 46, westminster. bel air. and a 48 down on beautiful kept island. rock hall, 47.

a west/northwest wind. but it's still rather light. not a major factor in our weather at all. tomorrow, the winds go a little further south and southeast. still dry weather in the east. there's rain in the central plains. a little wet snow across northern nebraska. otherwise, just light rain. otherwise, the main area of storminess, over arizona and portions of southern california, where it rained today. up to a foot of snow. flagstaff area. winds low, if you know that region there. and southern utah. western colorado. that's an area of low pressure that is slowly going to spin out to the north of our region. to the northwest of us, and because it's going to pass to our west, we'll get some showers maybe on thursday. but we'll still be in the mild air until that low pressure is able to drag a weak frontal system through the area, late in the day thursday. otherwise, stay on the mild side. temperatures throws you probably around 60. then showers. and then it will cool off. but not until friday and into the weekend. normal temperatures, once again. winds on the bay, becoming southeast. just light at 5 knots.

bay temp around 46 degrees. so tonight, clear for the most part. 28 to 35 in the city. tomorrow, sunshine. and some clouds, as the front gets a little closer. but look at that. 54 degrees, which is about eight or nine degrees above average. no complaints. >> exactly. especially after last winter. bob, thank you. don't miss tonight's cbs primetime lineup at 10:00. it's unforgettable, followed by eyewitness news at 11:00. scott pelley has a preview of what's coming up tonight on the cbs evening news. now that the shuttle program has ended, we'll take a look at the next step to the men's space program. including exciting new possibilities for traveling beyond the earth. that's tonight on the cbs evening news. deadly highway pileup. what the ntsb says the driver was doing behind the wheel. decorating dangers. how to make sure you stay away from the emergency room this holiday season.

violent hazing attacks. three band members are under arrest for an incident involving a woman. the charges they're facing. eyewitness news at 4:00 continues with denise and vic right after this. ,,,,,,,,,,,,,,

it is 4:28. 48 degrees. and the skies are clear, as the sun begins to set. hello, everyone. thanks for staying with eyewitness news. i'm vic carter. >> and i'm denise koch. >> three florida a&m students are charged with carrying out a brutal hazing rit wul. ritual. >> reporter: investigators say it was a brutal hazing ritual. three members of the famed marching 100 band, allegedly beat a female band mate with their fists and a metal ruler, to initiate the freshman into a unique organization.

the beatings were so severe, they broke the victims' thigh bones. >> if the students who are suspended from the band had been terminated from the university or suspended from the university, it may have sent a strong message. >> a little over a week later, band director, dr. julian white suspended 26 band members for their suspected involvement in that beating and one other. and he alerted administrators about those hazing incidents before the band left for its biggest performance of the year, the florida classic in orlando. white says school administrators failed to discipline students any further. >> did i make the recommendation? yes, i did. were they followed? for the most part, no. >> reporter: on november 19th, hours after that performance, drum major, robert champion, was found unresponsive on a band bus. he later died. and investigators believe hazing was involved. his death and now the arrests

have exposed a hazing culture that has haunted florida a&m for over a decade. the school has suspended performances by the marching 100 indefinitely. anna werner, cbs news, atlanta. police continue to investigate the hazing incidents. meanwhile, the state's university system has called for a special investigation into actions taken by the university. a new federal report shows texting is to blame for a deadly highway pileup in missouri. mary is in the newsroom with new evidence. >> reporter: the new report shows the 19-year-old driver sent or received 11 texts immediately before the accident. national transportation officials say that shows the driver was distracted. the pickup crashed into the back of a truck, beginning a chain collision, back in august 2010. the pickup was then rear-ended by two school buses. the pickup driver and a 20-year- old student were killed. nearly 15 students were on the buses, heading to the st. louis's six flags amusement park. denise?

>> just today, the thr -- the ntsb recommended a nationwide ban. a parents -- parent's pain. for the first time, parents are speaking publicly. >> he was a great kid. ♪ [ music ] >> he was an accomplished musician. he was a lot of fun to have around the house. >> he had a very good sense of humor. >> reporter: joe and jane clemente thought they knew everything they should about their son tyler. >> it was just two days before he was leaving for school, and he pretty much just told me, mom, i'm gay. and i was really, really surprised. very, very surprised. >> reporter: while the clementes processed that surprise, tyler began college at rutgers, where he roomed with 19-year-old duran robby. robby is accused of using a web cam to secretly stream video to the internet of a sexual encounter between clemente and another man. >> we don't know why tyler

committed suicide. all we know is the alleged invasion of his privacy and how he reached out to the r.a.s and how he text a friend that he was upset biez that. that's all -- by that. that's all we know. >> are you angry? >> we are just overly sad about the situation. >> for me, at anger, but it's more heartbreak. >> reporter: robby faces up to 10 years in prison. >> what we're looking at is justice and accountability. it doesn't have to be a harsh punishment. but acknowledgment of wrongdoing. >> do you want him to apologize? >> that's a very tough question. it certainly would be welcomed. i'm not expecting it. and i don't really foresee it in the future. >> it makes no difference to me. i'm not expecting one. >> reporter: what the clementes do hope for is to change a culture that breeds intolerance.

>> reporter: the clementes recently set up a foundation to help decrease the suicide rate between gay teens. users who express suicidal thoughts on the social media site, will be given the direct option to chat with a counselor on the media chat. but it is dependent on a friend notifying the site when they feel a friend might be in danger. a basket brawl. an ohio prosecutor is considering charging several men. the bench clearing brawl broke out after the victory over cincinnati saturday. coaches from both teams suspended four players from each team. tax cuts up against deadlines. republicans and democrats are failing to compromise. a new republican version of the bill is likely to fail. >> reporter: republican leaders say they're confident legislation extending the payroll tax cut and

unemployment benefits will clear the house, with bipartisan support. >> we've got a reasonable, responsible bill that really will help the american people. really will help create jobs. >> reporter: the payroll tax cut expires at the end of the year. unless congress acts, 160 million workers could see their paychecks shrink. both parties have said they support an extension, but they disagree on how to get it done. senate democrats called the house bill dead on arrival. because the fast tracks approval of a controversial oil pipeline project and asks too little of the wealthy. >> don't waste time catering to the tea party folks over there when they should be talking toul. -- to us. >> reporter: the white house says president obama will veto the bill and that lawmakers need to stay in washington until they find a compromise. >> there's simply no excuse for congress to leave on vacation until the american people know that they have been taken care of. >> reporter: to put pressure on

the negotiations, senate democrats are holding up a critical year-end spending bill. >> this isn't just irresponsible. it's reckless. >> reporter: if that bill doesn't clear congress this week, lawmakers will need another stop-get spending measure or risk a partial shutdown. on capitol hill, tara mergener, wjz eyewitness news. >> president obama has already said he is willing to skip his christmas vacation to hawaii until congress comes up with an acceptable agreement. we are enjoying above- average temperatures across maryland today. outside now, it is chilly, but it is clear. and the sun has been out all day. winter is only about a week away. wjz has weather and traffic together. and bob has the weather. >> 51 degrees this afternoon. even warmer the next few days. yeah. winter will be here sooner or later. take a look at temperatures now. we're at 48. 50 in washington. 49 in cumberland. 48 in ocean city. but it was cold this morning,

once again, 23 at the airport. yesterday, they were 22. 1 degree warmer. 27, oddly enough in oakland. and 19 there in cumberland. and 30 in washington. tomorrow, believe it or not, it's going to get milder. as high pressure moves off to our east and northeast. milder air coming in. before some clouds come in and looks like some showers but very mild temperatures here on thursday. then we'll talk about a cooldown for the weekend. vic? >> okay, bob. thank you. let's check on the roads now with kristy breslin at wjz traffic control. >> hi, vic. hi, everyone. well, a couple of accidents out there. couple of new ones, actually. 100 inbound. and northbound 95, we still have the accident on the ramp to 395. that is on the on-ramp, it is blocked off. traffic is just squeezing by on the soldier. -- shoulder. as far as delays go, 25 minutes south loop to security boulevard. and another 20 on the south side inner loop.

if you're traveling on the outer loop on the north side, that delay is steady there from providence road to the harrisburg expressway. average speed, about 40 miles an hour. and back to the accidents in rosedale, eagle walk road, in fallston, bel air road. at whittaker mill. and two around baltimore city. negotiate bend at fred -- north bend at frederick avenue. and south utah at lombard. let's take a live look. that's not a bad-looking drive there. and we'll take another look. things seem to be moving pretty well on the west side at liberty road. this traffic report is brought to you by kfc. it's the official chicken of the baltimore ravens. stop in and enjoy a 10-piece holiday feast. only at kfc, tastes so good. a ravens linebacker may currently be sidelined. but he's not letting that damper his holiday spirit. ray lewis was at the wal-mart. more than 200 local,

underprivileged children spent the day shopping for themselves and their families from an assortment of gifts. but for now, it's all they care about, right? there's lots of excitement at the halls of baltimore city college. students at the school are getting ready for the trip of the lifetime. ron matz has more on what is in store for the school's world renowned choir. >> reporter: some members of the baltimore city choir are going to the white house, for two performances tomorrow. >> the chance to even be in the building with the president is absolutely mind-blowing and i'm really excited to do it. >> reporter: there's so much i'm thinking about. but mainly, it's the fact that we're performing at the white house. >> reporter: choir members are excited. and director lindell hall is bursting with pride. >> the choir members have been working very hard in the last few months, in preparation for not just the holiday season.

but in preparation for performances such as this. >> reporter: about 20 of the choir's 95 members will be able to make the trip. >> reporter: especially with barack obama. i was ecstatic about the whole entire situation. >> reporter: leave the castle on the hill tomorrow morning, heading to d.c. >> i always knew we would get something big, but i never knew it would be the white house big. >> we're lucky to be invited, blessed to be invited. i'm really excited. ♪ [ music ] ♪ i'll be home for christmas ♪ ♪ if only in my dreaming >> reporter: a dream come true, ron matz, wjz eyewitness news. >> i could listen to them all day. the city college choir has traveled to france, italy, and spain and also performed at carnegie hall. >> how dow get to carnegie hall. oh, never mind. travel plans for pope

benedict. where he plans to travel this spring. and it's clear, cool. but no rain or snow in sight. beautiful sunset coming up. ,,,,,,,,

official visit to latin america. vatican officials say the pope will visit mexico and cuba before next easter. his predecessor, pope john paul ii made the same trip, drawing about 5 million visitors each time. request denied. iran is refusing to return a captured u.s. surveillance drone. the drone was not shot down in iran. it malfunctioned and crashed. president obama had requested iran return the drone. iranian officials say it is now property of the iranian government. more arrests in the deadly shooting of a police officer in new york city. as tony aiello explains, fellow

officers are mourning the loss of a beloved colleague. >> reporter: black bands on police badges. the nypd and the city it serves, mourning the death of highly-decorated police officer, peter figowski. >> he has 12 commendations, including eight for exceptional police duty. we are all praying for him. >> reporter: the final call of segous key's 22-year career brought him to 24 pine street. they were responding to a gunpoint robbery in the basement. police say lamont hyde hid in the response room then ran outside, where he saw the officer and shot him in the face. figous key's partner chased him several blocks and captured him. this illegal handgun, found in a car nearby. figowski died at a hospital.

giggous -- figowski could have retired two years ago, but stayed on the job. he has four daughters from a previous marriage. >> as a fellow officer, you know, he did his job. and that's the ultimate sacrifice for doing the job. >> new york lawmakers are offering a $10,000 reward for information leading to the arrest of that last suspect. >> reporter: also in new york, detectives say they have found the remains of say woman whose disappearance sparked. they will confirm if the body is that of shannon gilbert. gilbert disappeared. as police searched for her, they found the remains of 10 other people. most of the victims were prostitutes who also advertised their services online. a cold case in florida is solved, as the killer has a crisis of conscience. police say this man was attending church, when the pastor urged the congregation

to confess their sins. that's when the man walked outside, dialed 911 and confessed to killing a man 25 years ago. he confessed to another murder as well. a virginia woman is carjacked. the man responsible went on to kill a police officer at virginia tech. >> he comes up to my desk right here and says he wants my keys. and i sat back in my chair and said, you gotta be kidding me. and then he pulled this gun out and held it in my face. >> reporter: bennett said she didn't think twice. she handed the keys over to her vehicle. this happened at 11:20, when rosh ashley walked into the gilbert real estate office. he asked to see bennett, although she says they had never met. bennett walked in and tried to shut the door. he was wearing a black cap, black fleece jacket and had a dark green jacket. >> was very calm. talking just like you and i are right now. he wasn't any different than

any other kid that comes in here who wants to talk about something. >> reporter: ashley had rented a apartment. bennett says they had no problem with ashley, until he demanded her keys at gunpoint. >> a car is compared -- nothing compared to what could have happened. he didn't have gloves on, he didn't have a mask on. >> reporter: on thursday, she was on her way over to pick up the car when she got a call from investigators, asking her to come to the virginia tech campus, to look at a picture. >> bennett says there was -- it was a picture of ashley's deceased body. >> no question in your mind that was him? >> no question at all. >> reporter: bennett and her assistant manager believe they may never know why ashley targeted the real estate office but never fired any shots. . >> we were the fortunate ones. we were the very fortunate ones. it's not about us here, it's about the families. >> reporter: meanwhile, the officer derek kraus, was laid to rest yesterday. take a look at this video.

a man was working when he took a wrong step and ended up dangling six floors above the pavement. luckily, he was wearing a harness. firefight everies a-- firefighters arrived and were able to pull him down to safety. the season for giving is landing more and more people in the emergency room. the consumer product safety commission says injuries from decorating are on the rise. many of the injuries involved falling from ladders, while stringing lights and cuts from broken glass ornaments. experts also warn people to regularly water their christmas trees to prevent a possible fire. a singer is ready to pick up the mike and sing again. mark steines reports. >> coming up on entertainment tonight. we have your first look at tom cruise as an '80s rocker, in the new movie "rock of ages." >> yep. that was alec baldwin. welcome to sunset strip, circa 1987.

the film stars jewel -- julian huff -- julie ann huff. >> we're not going to take it. no, we're not going to take it. ♪ [ music ] >> ladies and gentlemen, the icon of rock. the legendary stacy jacks. [ cheering ] >> tom plays rock god stacy jack. rock of ages hits theaters, june 1st. >> oh, my god, i love you, stacy jack. i love you. >> reporter: also tonight. at home with george clooney and his dog. and the silly side of angelina jolie. that and so much more coming up later on entertainment tonight. and that's at 7:30, right here on wjz 13. >> think before you tweet. that's a lesson actor charlie sheen is learning the hard way.

sheen is learning his phone number after accidentally tweeting his digits. sheen said he was trying to send a private message to his friend. sheen said he quickly received calls and roughly 1800 text messages. it's just been a year of lessons for him this year, hasn't it? >> well, some things you just never learn. you have to learn the hard way, i guess. >> an unseasonably warm december day. there goes the sun. ,,,,,,,,

not quite as chilly. take a look at temperatures. generally clear skies. 48. west/northwest winds at 6. barometer holding steady. right now, 43 in oakland. 53 in washington. in elkton as well. tonight, clearing skies for the most part. a few clouds late. probably 4 is 6 degrees warmer than it was this morning. it was pretty cold. 23 this morning. 51 this afternoon. normal high is 46.

normal low now, 29. record, 1889. 69 degrees. 1962. 7 degrees below zero here. west/northwest winds here. still rather light. you can see late tonight, turning around more to the southeast and south tomorrow. that will keep us in some mild air. there's been some rain out to the west of us. not a whole lot of it. but it's a little rain from oklahoma up toward illinois area right this afternoon. that's moving to our west. but eventually, a little piece of that is going to swing by the region with a chance of showers here on thursday. mainly low pressure, storm over the southwest. snow in the high elevations. rain, san diego. l.a., getting rain. but that low is going to pass to our west. so we keep in this mild air. now, there will be some clouds over the area tomorrow, tomorrow night. but the real area of shower activity, if we get anything at all, along with mild temps, will be on thursday. and then late thursday into friday, that front goes through. it will clear things out.

and we'll begin to cool down, close to normal by the end of the week. that means mid-40s again. southeast winds on the bay. very light. 5 knots. bay temp, stuck at 46 now. tonight, then, clear. a few clouds. 28 to the mid30s in the city. and tomorrow, sunshine and some clouds. but another mild day. tomorrow's high, well above normal at 54 degrees. and then the clouds come back tomorrow night. probably cloudy issue staying in the 30s. then your chance of rain on thursday. but it may get up to 60 or 61 degrees. >> unbelievable. >> on thursday. normal high is about 45. >> okay. that's amazing. >> thank you, bob. still to come on eyewitness news tonight. occupy evicted. i'm mike hellgren. what's next for the movement in baltimore, now that mceldon square is empty. square is empty. and a look at how

coming up next on eyewitness news at 5:00. police raid the occupy baltimore camp. are there any arrests? and what happens next for the evicted protestors. 16 students, transported to a local hospital, after a fight. i'm pat warren. what happened at chesapeake high. the sudden change in the penn state sex abuse scandal. the surprise decision from jerry sandusky, moments before his accusers testify in court. check in for these stories andault day's breaking news at 5:00.

occupy eviction. baltimore protestors, kicked out by police in riot gear. >> the future for the rain and the local movement. >> hi, everybody. i'm mary bubala. >> and i'm vic carter. here's what people are talking about tonight. >> mceldon square is no longer occupied. police invade the camp, and force protestors to leave. occupy baltimore will meet tonight to discuss the group's future. mike hellgren explains why the mayor ordered the eviction now. >> reporter: and mary, they will have one of their general assemblies at 8:00 tonight. the raid this morning on the encampment was well coordinated. it was a surprise to the protestors. some say it was overkill. not the mayor. >> reporter: police made a substantial show of force, showing up in riot gear, in the middle of the night, and making good on the city's promise to evict occupy