>> larry: new tonight, a second sheriff's deputy in buncombe county has been fired after a use of force complaint. >> darcel: wee first broke the news yesterday about the firing of deputy tim tabs. >> larry: john, what are you hearing today? >> john: larry, sheriff van duncan is still saying very little about the new year's eve event that happened in the apartment complex behind me because of state personnel privacy laws. but the firing of a second deputy today shows the complaint was serious. deputy was responding to a child custody dispute. someone made a use of force complaint to the lieutenant in charge that night. a body camera helped make the decision in the case. >> the officer was wearing a

and that was a very useful part of the investigation. >> john: the incident was investigated monday. the sheriff did not say what exactly led to kemp's determination. both have been on the job since 2007. sheriff declines to release the video citing state law. >> larry: new at 6, a travel club in asheville has been ordered to refund customers for failure to deliver attorney general roy cooper said

90-minute sales festiva has been banned from face-to-face sales for three years. they will issue refunds. >> darcel: two local bars are hit with fines after the ale says they served alcohol to a minor. they must pay the fine or face a suspension. both bartenders have been charged with a misdemeanor. evan, will either of these bars serve a suspension? >> evan: no, darcel. they both paid their fines. a concerned parent called the ale saying there were area bars serving alcohol to minors. ordered a bud light from the bartender.

to verify his age or id. the same undercover agent went to the village wayside in biltmore village. this time the bartender did check id but served him. i spoke with the owner at wayside. he says he believes in his bartender. he says it was simply a math error when calculating his age. they'll face their misdemeanor charges in court in february. there was a third bar. it's fat cats billyards here in arden. reporting live in arden, i'm evan donovan for news 13.

asheville, someone is going around slashing tires of cars. two tires are punctured on one side so the issue becomes more than putting a spare tire on and driving away. twof ricky's cars were vandalized overnight. and he says this is the second time. he's now looking at security options. >> something to make the street brighter. i want these people to be aware that we're watching. >> darcel: asheville police say this appears to be an isolated incident. they say this type of crime is difficult to solve because of the lack of evidence left behind but that surveillance cameras are one of the best ways to catch someone. >> larry: blue cross blue shield says complaints about billing and paperwork problems have been mounting the past seven days.

lot of the issues have been triggered by the influx of calls starting january 1st. >> larry: ashlea, the types of complaints vary. >> ashlea: yeah, and we spoke to one man today who is now in a tough situation but doesn't know whether to blame blue cross blue shield or the federal marketplace. >> we did it in the middle of december before the deadline. paid our january premium. healthcare.gov told me just to wait and i'd hear from our carrier, blue cross. so the holidays came and went and i totally forgot about it. all of the sudden i woke up january 1st and thought we don't have an insurance card. >> ashlea: and still doesn't. >> i called blue cross and i did

the representative was very nice but she said, you know, we don't have anything. >> ashlea: this type of complaint is popping up all over. others say their billing this month is incorrect. >> they're saying we may not have cards until february. >> ashlea: a blue cross rep told us today that they apologize for the problem. they say thousands of customers who waited until the last minute are calling all at once. prepared. but now employees are working progress. the spokesman also pointed us to a blue cross blog. avoid mondays and lunch time. you may have better luck. now that spokesman also said today that you can direct

carolina on facebook with your concerns. he said staff are sorting through those messages. >> darcel: move over columbus day, the city of asheville may devote a day to native americans. it recognizes the heritage and contributions of native americans here in the mountains. smith says to many, columbus day is synonymous with oppression. >> this is an incredible opportunity for everyone here in asheville to be able to recognize our native american citizens and the heritage that they brought to ashevillend buncombe county and western north carolina long before we got here. >> darcel: nine cities across the country already observe indigenous people's day. the resolution is on next tuesday's asheville's city council agenda. >> larry: america on tap is staging an event at the u.s.

beer around the country with 70 festivals planned this year. >> 100 or more different craft breweries on site to taste and sample. live music, free food. and food to purchase depending on the ticket you purchase. >> larry: yet another beer festival for a city seemingly can't get enough. she is like my inspiration now. so when i feel down or sad or struggling, she's like, come on, mom. we can do this. >> larry: our person of the week beat the odds on life support. how her story is giving others hope. that's next. >> darcel: and the powerball jackpot set new records. how much money is up for grabs and who has already struck it rich in the mountains. >> jason: one round of rain is

the next one is going to move in for the weekend. after the break i'll show you when and where and even how much. temperatures held pretty much mid 40s. upstate holding steady in the 40s ugh. i really shouldn't. no, you know what? i should. and i will. i deserve this. i'm a bogo findin', weekly ad flippin', couponing mastermind. who's saving big time? this girl! can i help you? indeed. this queen of savings deserves a reward. a cannoli, please. the weekly ad, bogos and coupons. three easy ways to save at the same place you love to shop.

>> larry: our first person of the week in this new year is a young woman with an amazing spirit. what happened to savannah hamlin 18 years ago almost took her life. she was on life support and doctors recommended she be taken off. she now lives with what her mother calls a different ability. savannah hamlin almost never came home. >> no emotions. eyes were closed most of the time.

savannah was only 9 years old, left her with a traumatic brain injury and on life support. >> i wouldn't sign the papers to take her off life support. i wouldn't sign. >> larry: what she did do is spend years hoping and praying. >> she would twist her wrist. >> larry: a little movement. >> and then i could see her tongue come out a little bit. >> larry: for a little girl who couldn't move her head or any part of her body at one time. it was a major accomplishment. and now, she talks with head movement. with a nod while her mom goes through the alphabet. she spells out what she wants to say. i asked her what her year was for the new year. >> quit picking on me and shave his mustache. wish.

beach or hike trails. >> larry: for that, she's got her eyes on an all-terrain wheelchair. >> we're looking at the different craft supplies in savannah. we made our first couple and they sold so quick. >> larry: whenever she's out in public, savannah is on another mission. she has a card to give them to tell her story. she does it not for pity but to give hope. because if savannah hamlin can overcome her daily challenge, they can, too. >> she is my inspiration now. she's my, come on, mom, we can do this. >> larry: to learn more about

more about getting her wheelchair someone who goes above and beyond to make a difference in our communities, send an e-mail to news at wlos.com. >> darcel: good luck on getting that wheelchair, savannah. today the powerball jackpot climbed again to a report $800 million. while no one won wednesday's jack jackpot, someone here purchased a ticket worth $50,000. >> we'd love for him to have it. we could come back and maybe give me or him or whatever $100. that would be good. >> darcel: that would be nice. >> larry: that's an idea. >> darcel: the mills river quick mart is one of several stores in north carolina to sell the winning ticket prized at

we're hoping to share the jackpot with you. wlos bought 50 tickets and will split with 13 randomly selected adults. go to our facebook page and register to win. you have until 10 o'clock tomorrow night to do it. >> larry: well this weekend won't win any prizes but at least it's friday and it's the weekend. >> darcel: can we expect more of what we've had today? >> jason: a song comes to mind. always look on the bright. that's you, larry. >> larry: i don't know that song. >> jason: 49 degrees for the high temperature today. two degrees above average. we'll take that. but we were cold this morning above 40. almost a tenth of an inch of rain for the year, the month.

i'll show youtt2w`t3n@2d" bt@q/.\ tt2w`t3n@2d" "a@q?"8 tt2w`t3n@2d" bm@q4)4 tt4w`t3n@2d"" dztq > jason: yes, a break from the rain, not from the clouds and drizzle and fog. 70% chance of the rain returning. most of us will get wet tomorrow. it's mostly a late day event. most of the daylight hours might be a way on the dry side for you. this is going to be the last gasp, if you will, of this system. as it goes east, it will bring in a flood of cold in. don't expect any accumulation at this point. but if you're higher up, you have a chance of accumulation. south wind at 6. damp, too. it's noticeable, folks, even with a southerly wind.

evening. everything on the cool side east of i-26 today. it will start to bend a little more turning east and southeasterly tomorrow later in the day. a quick change to the southwest as that front goes by and boom, right to the northwest. we're going to see a lot of shifts in the wind pattern. the big difference is going to be the cold westerly flow that sets up sunday. this is just going to plow the cold air south in to the carolinas and bring chances of snow. we'll have it on in to sunday. temperatures wise it's going to be chilly. look at the clouds hanging in tonight. may get breaks in the clouds in the higher elevations west. but that's about it. then we're back in the thick cloud cover. rolling in from the south and west. it will be later in the day most

then we get a break before the round of cold settles in. this is going to bring snow shower chances back in the mountains. rain fall is our biggest concern now. you see some bulls eye south maybe 6/10 of an inch in hendersonville. temperatures in the 30s tonight, exceptions west where you'll find 40s in the upstate. 49 for the high. quarter half an inch of rain. monday's high, 39. the low in the 20s. and another round of cold and early wednesday. 32. it won't even feel that warm with the wind cranking 20 plus miles an hour. temperatures in the 50s the next couple of days in the upstate. you're going down to the 40s, too, by monday.

will play in college.

lucky enough to have >> stan: the best football player in the mountains has made his college choice.

committed to south carolina this afternoon. he had offers from nc state. passed for over 1400. responsible for a wnc record. he played quarterback at reynolds but is probably going to be a running back in college. signing day is february 3rdrd. another terrific mountain ball player made his choice. christian academy point guard. james madison university. he averages more than 20 points in a game. had offered from app state, western and charlotte. so why pick james madison? >> they sent more love. they wanted me more. i loved hanging out with the players. it's a great experience. academically, the diploma would

>> stan: mcdowell's carson gavin has stepped down. he said it was time. he also wants to be with his family more. he'll continue to teach at one of the county's middle schools. the 13th annual enka dual wrestling tournament. it starts at 9:00 a.m.ment tickets are $7. $5 for those who will drive. more info on the eblen charity's website. big man kennedy amicus curiae out for the last seven games with a knee injury, is probably going to play. always good to have a good

roy williams knows bayhiem's return is huge for the orange. >> i think they'll be fired up. i think we'll get a fired up crowd and we'll get a fired up team. i wish he could come in another game. there's no question in my mind. but i'm happy to see him back because it's what the guy wants to do. >> stan: tough loss for louisville. made their move starting with malik's three point play. cut it down to three on cat barber's drive. they fall 77-72. >> anchor: more rain coming. >> quarter to half an inch will do it. sunday is colder. and boy, does it get cold monday. highs in the 30s. wind chills, teens.

we invite you to turn over to news 13 on my40. >> darcel: and join us again at ugh. i really shouldn't. no, you know what? i should. and i will. i deserve this.

couponing mastermind. who's saving big time? this girl! can i help you? indeed. this queen of savings deserves a reward. a cannoli, please. the weekly ad, bogos and coupons. three easy ways to save at the same place you love to shop.

breaking news tonight. the video just released. the american police officer ambushed. the man taking aim and shooting right into the car. authorities say he pledged allegiance to isis. also breaking tonight, the bloody shootout. el chapo captured. how they got him.