which toys should you avoid buying? we've got a run-down of the ones apparent should keep off their holiday wish list. good afternoon >> the list is just out. the consumer product safety commission is naming the toys that could post a danger to your children. this comes with important recoendations on how parents should supervise play time. kristen dahlgren has more on what you should know before you heador the stores. >> reporter: it's that time of year when kids make their lists and parents find themselves overwhelmewith the options. and it is not all fun and games. while toy-related deaths were down last year, injuries were up. an estimated 186,000 emergency room treated injuries on toys. the cpsc has a list for parents. >> first of all, select toys that are age appropriate for your child. >> reporter: that mean no small parts for small children. >> if a child swallows these

magnets, even one or two of them, it can cause an obstruction. >> reporter: more than half the toy-related deaths in 2009 were ridingtoys. >> don't buy a bicycle and leave the helmet in the store. guy helmet so that your child's head will be protected. >> reporter: the final rule, location, locion, location. make sure kids are playing with their holiday haul somewhere safe. >> if you're on a riding toy, you can ride right into the pool right into a pond. and you can drown very easily. >> reporter: the cpsc said new safeguards mean dangerous and lead-laced toys are getting into the u.s. less and less and they're working to recall products like this pogo stick sold at sports authority, recall today. >> the rive on this pogo stick were coming undone and it caused a laceration hazard. >> reporter: hazard that's can come in pretty packages, prompting a reminder to parents that smart shoppin and supervision can help keep kids

safe. next mar the cpsc plans to launch a searchable database that anyone can access to leave read comments on toys. news4. >> toy safety experts also remind parents to double-check those used in secondhand toys to make sure they haven't been recalled. pat? jurors are now in their second day of deliberationsn the chandra levy murder trial at d.c. superior court. so far, no verdict. the panel of nine women and three men is deciding the fate of imar gudique who was facing murder charges in the 2001 disappearance and death of the washington intern. jurors now have three options find him guilty of first-degree rder, guilty of second-degree murder, or not guilty. during deliberations yesterday, jurors sent out a note to the judge requesting a photo of guandique. that was admitted as evidence but was not provided to the jury. >> when the verdict come in,

we'll bring that to you live. the trial of a policefficer accused of shooting a dog in a dog park begins tomorrow. 32-year-old keith shepherd charged with animal cruelty and a weapons charge. both misdemeanors. he shot and killed a siberian husky known as bear-bear. it happened at a dog park in southern maryland and it prompted outrage from animal lovers. shepherd claims it was self-defense. a judge will decide the case. >> police at the university of maryland are investigating a robbery on campus. it happened around 11:30 last night at the parking garage. police say a woman was walk down the stairs when a man came up behind her,mplied he had a weapon and rob her. she gave up her cell phone and her student i.d. card. the robber took off. metro is dealing 28 a slew of problems after today, a train hit equipment on the track between the wheaton and glen mont stations.

no one was injured. meanwhile the farragut north metro station was shut down last night after parts of the ceiling collapsed. though the stion reopened today, many wouldn't know it. the entire communication system went out this morning. tracee wilkins reports >> reporter: the ceiling is partially boarded at the farragut north station and there are barriers around the area where larg chunks of concrete and debris fell from the ceiling to theplatform. it happened yesterday afternoon. no one was injured. this morning, structural engineers examined the farragut meo nor staying and the road construction site after d-dot officials say their work here caused the chunks of debris to fall. >> we're actually putting in a median. it appears the drawings that metro had and we had show a ttle more depth between the bottom of the roadway and the top of the tunnel within the metro station. so it appears that we hit

somethg. it fell through the ceiling and then actually fell into the statio everybody will be looking at the plans. this is one of the shl overer stations, as you can tell. >> all of this confusion come as met voe dealing with another internal issue. thentire communication system is down. that includes e-mail, even their in-house phone leaving some passengers not knowing if farragut north reopened or not. >> quite challenging to try to communicate with the custors this morning. and i know that we have technology folks wokking on that before the sun rose this morning. >> passengers already have some opinion. >> i think it is nuts. to be perfectly honest. >> the ceiling down there, tlfb areas that seem like they've

been falling before. i've been dwn there. you can see where panels are missing. i don't think this is a new problem. >> metro officials say those issues that that passenger described are part of a rehabilitation project happening here and throughout the rest of the red li so people should be seeing some change if i rememberly shortly. today the metro board will be meeting. we understand that what happened yesterday is going to be a big part of their discussion. in northwest, i'm tracee wilkins, news4. >> metro adds engineers have already made temporary repairs to that metro station tm say an investigation into the collapse continues. we'll have much more on metro's woes from tom sherwood at 5:00. should a student be allowed to retake a test if that student is caught cheating? that's what the folks who run fairfax school are considering. the they're allowing cheaters retakes instead of just giving them zeros.

he said cheating is a disciplinary problem, not an academic one. this is the same school that recently banned fs as grades. the policy has upset some parents. they formed a protest. we want to hear from you. do you think students caught cheating on exams should get to retake exam instead of getting zeros? weigh in on nbc 4's facebook or twitter page. we'll share the results coming up on news4 at 5:00. time for your first check of the weather. >> veronica johnson is taking a lookt the weather from the storm center. good area to take a look at from right here. overcast skies. we had a little bit of sunshine the early part of the day. these clouds, deliverin a few sprinkles to the area. you have to look really hard to see where they're falling. areas right around fauquier county northern fauquier county. cloudy right now. the clouds will clearing out.

we'll moving in thether direction. always the weather front moves through. the temperatures running in the mid 50s. a lot less wind than what we had. there it s. your good night forecast. the clouds will be moving out. we'll drop to 46 degrees by 9:00. then down to 44 degrees. we'll be talking more about the leonid meteor showers coming up in a bit. the skies cool out. we have a sunny stretch coming our way. a nice weekend. what about thanksgiving. our seven-day forecast now has thursd included in it. we'll take a look at that. general motors is once again a publicly traded company. th come after the company filed for bankruptcy and took a massive government bailout to stay afloat. nbc's michelle franzen has more on t new dawn for the american automaker. >> reporter: with the opening bell, general motors sped into history with its largest initial

public offering of company stock. investors set on owning a piece of the iconic american company, bid on the 478 million shares. the starting price,$33 a share, climbed within the first minutes of trading. >> we priced it about right. now have to go to work and hopefully improve profitability. we can increase value. >> reporter: the majoty of shares sold, gm common stock owned by the u.s. government. the once bankrupt company raised more than 0 billion with this money that will help pay down some of the $50 billion in government loans. gm's return is a publicly traded company come 18 months after the bailout gave the compa a chance to restructure. downsize and rein in the ballooning costs of the pension. >> engineering, marketing, they have to have a 21st century if i know operation that understands how to read a balance sheet. >> reporter: analysts warn some

invests could flip the stock for a quick profit but many investors including gm retirees are confident t company has turned a corner. >> with all the depth that gm has sxhed the new products they're coming out with, i'm hoping that they're going to be strong enough to actually withstand thesell-offs. >> reporter: the hot stock offering follows one of the hottest rollouts of gm models in years. coulnot sewellers are buying popular cars, trucks, d suvs and the chevy volt earned motor trend green car of the year. just the momentum gm is hoping will keep driving profits up. nbc news, new york. president obama plans to talk about gm in just a few minutes. also ahead, tiger woods says he's happier now. coming up next, more on the golf opening upon twitter and in an op ed article. and sarah palin's new book is out next week. we've got excerpts including her bashing levi johnston.

if you pn to head out of town next week, we'll tell you the best ways to get around the grid lock you'll find on thanksgiving.

for the second time in a year, susan boyle has a number one album in the u.s. and the u.k. at the same time. ♪ just a perfect day

>> topping the charts simultaneously on both sides of the atlantic twice is no small achievement. sony records said boyle is the first woman to do what the beatles did in 1969. they were not the first to do it though. at milestone goes to the monkies in 1969. this has lived up to the succsful debut of the first. she said she h never felt happier. she shot to international fame after her audition for the tv show, britain's got talent received more than 120 million views on yoube. going now to the president. the white house is talking about general motors today. let's listen in. >> gm's management and workers if they made the tough decisions necessary to make themselves more competitive in the 21st ntury, decisions requiring real leadership, fresh thinking and also some shared sacrifice, then we would stand by them. and because they id, the american auto industry, an

industry that has been the proud symbol of america's manufacturing for a ceury, an industry that helped to build our mile class, is once again on the rise. our auto makers are in the midst of their strongest period of job grth in more than a decade. since gm and chrysler emerged from bankruptcy, the industry has created more than 75,000 new jobs. for the first time in six years, ford, gm and chrysler are all operating at a profit. in fact, last week gm announced its best quarter in over 11 years. and most importantly, american workers are back at the assembly line manufacturing the high quality, fuel efficient american-made cars of tomorrow capable of going toe to toe with any other manufacturer in the world. just two years ago this seemed impossible. in fact, there were men of doubters and naysayers who said it couldn't done who were prepared to throw in the towel and read the american auto

industry last rites. independent estimates suggested that had we 15 ste had we given up, we would have lost more than 1 million jobs across all 50 states. it would have also resulted in economic chaos, devastating communities across the country, and costing government ten billion of dollars in additional social safety net benefits and lost revenue. that wasn't an acceptable option to throw up our hands and to quit. that's not what we do. as a country of optimistic and determined people who don't give up when time are tough. we do what'snecessary to move forward. so these last two years haven't been easy on anybody. they haven't been without pain or sacrifice. the tough restructuring of gm reminds us. and we have a long road ahead and a lot of work to do, to rebuild this economy -- >> president obama again

commenting on general motors, which is once again a publicly traded company. sarah palin is writing books and taking names. palin's book titled america by heart isn't even on the shelves yet but what she has to say in it is already burning up the headlines. >> palin takes aim at a lot of high profile targets including her would be son-in-law as well as one very popular competitor in the reality tv world. nbc's norah o'donnell has the story. >> reporter: sarah palin is everywhere. on her hit reality show about alaska -- >> don't retreat. >> reporter: on the frontover of the new york "time" magazine and in a new interview with barbara walters for an uncomg spial, she admits that she has barack obama in her sights. >> if you ran for president, could you beat barack obama? >> i believe so. >> reporter: palin' new book which amazon describes as a celebration of the strengths and virtues that have made this

country great hits stores next week. according to the mia blog gawk cher published what it calls are excerpts, she writes about the personal including fresh criticism of levi johnst who fathered a dghter with her daughter bristol. because he was not there until tend of the labor, i helped deliver tripp. i cut the cord between my daughter and her son. >> i hope -- >> reporte she praises her for preaching abstinence and dregz up the old controversy over murphy brown that got dan quayle in political hot water. palin writes, i'm biased, of course, but given a choifs role models between bristol and murphy brown, i choose bristol. another palin target, american idol. she blame the producers for a quote seemingly endless supply of people who can't sing b are deluded enough to get up in front of a national televised audience and screech out a song

anyway. ironically, it is bristol geing criticized these days for lack of talent. just this week she advanced to the finals of abc's "dancing with the stars" despite receiving the lowest scores from the judge's panel. >> the judges' scores are important but viewers don't necessarily go by them. they will vote based on who they think deserves to go to the next step. >> reporter: conspiracy theorists are accusing the tea party supporters of getting out the vote for bristol. a suggestion bristol denies. >> wle say it is just because of the tea party, it of, think of all the people throughout that hate my mom. why don't we talk about that? >> we woods is finally talking on twitter. he tweed, quote, yep, it's me. think i like this twitter thing. yo guys are awesome. thanks forll the love. >> it's been almost one year

since his thanksgiving day car accident. he seem to be feeling much less shy. ll, what else does tiger have to say on twitter? quote, the best part about phone interviews is getting to wear shorts. he just wrote an essay in "newsweek" called, how i've redefined victory. it describes how he's changed as a person since his notorious car crash last november and the sex scandal and divorcehat followed. woods writes that the physical pain from that car accident has long been healed. but the pain in my soul is more complex an unsettling. it has been far more difficult to ease and to understand. coming up next, if you plan to head out of town next week, beware. there is snow and rain in the forecast. the holiday forecast is coming up. plus, later, an officer caug on camera attacking a woman in hooters. but is the woman who is now spending time in jail. th controversial story at 4:55.

enjoy your turkey. do you want to start with the weather first? >> we have a couple of days to get to first. today wasn't that bad with you we could use a little more sunshine. a sprinkle herand there but nothing like with the storm that came the day before. today, overcast skies. a little bit of a sprinkle here and there. and temperatures that were pretty seasonable for this time of year. the average is 56. we're at 54 and our wind, not o bad. at 12 miles p hour out of the west and northwest currtly. so 54, the temperature on the radar, you can see just how dry it ithrough the area now. again, we had some sprinkles earlier. those, you have to look way up the in pennsylvania to see them. and they are again drying up as well. low pressure and the weak weather system coming through. it wilcontinue to move through. our skies will start clearing t on the other side of that front. it by 9:00, we should have a fair am of clearing taking place. clear for tomorrow morning. 38 to 39 degrees.

in the pacific northwest, oh, winter has arrived there in a big way. they've had some trouble. snoqualmie pass, washington. several inches fell yesterday in the mountain passes before ding this morning. that's i-90. it was shut down parts of it for several hours because there were so many vehicles that got stuck. great falls expecting between one an two feet of snow. then mountains of california, yeah. some snow there, too. as much as two to four feet. let take it back tohe advisories there. here's the highs for tomorrow. by the time we get to monday, wednesdays ithe 60s, showers, maybe even some thunderstorm. then by thursday we'll start out in the 60s. temperature falling, i know, that thanksgiving day. for the next 48 hours, we'll be

pretty quiet. some sunshine returning to the your tomorrow. and then we'll have some high clouds returning on saturday. so for your evening, 53 to 49. for tomorrow morning, a little on the breezy side. a chilly morning between 31 and 38. and then 54, the high temperature for tomorrow. enjoy the weekend. 60s for the early part of next week and then again, the bottom drops out with temperatures falling on thanksgiving day. coming up in our next half-hour, where will the royal wedding take place? we'll take a look. kate middleton checked out last night. >> flew backwards on to the bed. >> plus,er what mel gibson's ex said about the night he's accused of attacking her.

welcome back, everybody, at 4:30. >> right now the consumer product safety commission is warning parents to be vigilant while shopping for toys this holiday season. the cpsc says while toy-related deaths are down, toy-related injuries are up. parents are advised to watch out for toys that can breaknto small pieces and to make sure kids are always properly supervised and playing in safe surroundings. >> as we speak, jurors in the chandra levy murder trial of the

second day of deliberations. they deliberated six hours yesterday. still no verdic ingmar guandique is facing murder charges for t 2001 killing. we'll have a live report at 5:00. metro is investigating after a piece of cement fell on to one of the platform. it happened last night at the farragut north metro station. the piece of cement came from cotruction taking place above the staying on connecticut avenue. and wall street ended the day a lot higher. lifted by the successful return of general motors to the marke the dow jones industrials rose 173 points today to close at 11,181. the dow rose 38 point to end the day at 25.14. the s&p 500 closed up 18 points to end the day at 1196. now that the word is out about the royal engagement, wedding ans are getting underway for prince william and kate middleton. the bride to be is reportedly scouting out locations. she was photographed coming out of westminster abby last night.

according to the british press, it is her first choice. the prince has already returned home to a village in northern wales where they lived together. natalie morales reports. >> reporter: their engage. may have been a traditnal affair but they are a thoroughly modern royal couple. for the last eight months, they've been living as m and wife where prince william served as a helicopter pilot at the nearby royal air force base, flying search and rescue missions. >> luckily we live in the the 21st century and a lot of people live together before they marry. in this particular instance, the queen was delighted that the couple were living together. >> reporter: far away from the media glare in thi isolated and wind swept part of wales, they've been making their home in a secluded farm house, trying to lead a normal life. >> it is a long way away from the royal life and glamour surrounding that prince william is used to. they're hoping it will boost tourism. >> i think it is good news.

>> reporter: they're not about to give away any secrets. >> i suppose making faroo much of an issue. >> reporter: that's how kate and william hope to hold on to a little bit of their private lif for a little longer before they face t full force of royal duty. the royal couple will continue to live here through 2013. that's when prince william's tour with the raf is over and speculation has begun where they will settle there after. now back to you. >> here's a little bit of royal trivia for you. prince william had to ask the queen's consent to marry because of an 18th century law. under the royal marriages act of 1772, all descendants of gorge ii have to obtain sovereign permission. otherwise the marriage would be considered invalid. the prie's grandmother will have signed anlaborate notice of approval. and the focus on the

couple's engagement ring has created a frenzy in the jewelry business. people are racing for replicas of the ring once worn by his mother, princess diana a jewelry store in new york has sold many in the last 24 hours. and the website got so many hits yesterday it crashed. most of the replicas run between $1,000 and $2,500. but some are a lot pricier. mel gibson's ex has talk about why she left the disaster and what precipitated those phone calls. she peered larry king with her lawy this week. she said gibson was a great man until she became pregnant. then she said his darkside emerged. i was standing in the middle of the room holding the baby as mel proceeded into the room. >> struck you? >> struck me twice. >> in front of my boy.

i just flew backwards on to the bed, holding him. >> she said she took him back but left againn february for good. that's when the infamous phone calls took place. she id she dn't leak the tapes or try extort money from gibson. nbc news reached out to gibson' representative for reaction to the interview but did not get any comment. a day after eva longoria filed for divorce om nb husband tony parker, we're learning more about possible infidelity. several reports claim parker had an affair with the wife of one of his former teammates, brett barry. "people" magazine reports a close source said parker send text messages to erin barry but that it was only flirting and the two didn't have a relationship. barry and her husband are also getting a divorce. parker and longoria were married for three years. fewer america believe rriage matters.

a new pugh study finds nearly 40% of americans think marriage is obsolete. that's up from nearly 30% three decades ago. marriage statistics certainly show fewer people are getting hitched. the perctage of married adults has fallen to an all-time low of 52%. there's a lot more to come this afternoon at 4:00. coming up, a dog come to the rescue of a neighbor. why the dog is being call a hero. plus, people living in d.c. will soon not have to leave the district to shop at walmart. the big expansion plans are coming up.

murphy is a 140 pound newfoundland. he lives with his owners in minnesota. he nerve barked but one morning he would not stop barking. his owners let him out of house and he led them to their elderly neighbor who was lying in her open garage in the chilly cold.

>> i think he help to save her life. we would never have seen her in the position she was in. i could not see her from the house. >> makes you proud to know your dog can do sething like that. >> the neighbor will be okay. her family is grateful saying murphy's actions proves the conntion between people a animal. his owners are thinking about rewarding him with a steak for dinner. >> i bet he'll enjoy that. >> you know it. next week, many o you will be heading for homes,raveling for thanksgiving. we know that come with a lot of traffic. >> is there anything you can do to beat the stress? >> reporter: as traditional as the turkey itself, trapped. >> too much of a hassleful it's stressful. >> when you go to see your loved ones, i guess it is worth it.

>> we'll have a double digit increase for people traveling this thanksgiving over last thanksgiving. ha your bag alrea sxakd jump in the car at midnight to avoid the gridlock. >> if you would like to sleep in, go tuday and return sunday at noon. that wayou'll beat the crowd going and coming. beverly doesn't believe those experts. >> my family lives in new york. no matter what time of day you travel, there is always traffic. >> reporter: here another strategy. avoid certain highways and interstates. >> i lived here five ears. the first three i sat in traffic. >> reporr: then he started staying away from the worst of the worst when it come to grid lock. 66 and 95 will be a virtual gridlock. but aaa says in virginia soaring will the 495, 395 springfield interchange south of d.c in maryland, i-270 from the capital beltway nor of beth daze will be especially bad.

avoid u-70 altotherrom frederick all the way to baltimore. to get around, in some cases you can take the bw parkway or secondary roads. in other cases, you may have to usthe internet and get creative. planning, patience and creativity won't help you avoid one thing though. >> we've seen a spike in gas prices. it is going to be the most expensive thanksgiving in a couple years to trel. news4. when we come back, a big box store is coming to d.c. in a big way. the test on where walmart plans to build four new stos next. plus, deathly hallows part one is hours away from hitting the big screen. a preview coming up next. ♪

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after years of complaints about the lack of affordable shopping options in the district, there is some good news, some big news for d.c. residents. >> walmart is moving into four different d.c. neighborhoods. the stores will be on new jersey avenue in northwest, at the corner of georgia and missouri avenues in northwest, at east capitol and 58th street southeast, and new york avenue and adensburg road in northeast. afr meeting with walmart sxrerep, they welcome the stores with conditions. >> as long as there is a commitment to fair wage, having a good civic corporate responsibility in our city, then

i there is a place for them. >> the project is expected to bring 1,200 new jobs and 400 construction jobs tohe district. there will be full service pharmaci and grocery departments. the stores are schedule to open in late 2012. >> hear, hear. it started as a wildly popular seri of book and then a wildly popular series of movies. >> and it keeps comi. the latest number in the harry potter saga is finally hitting the big screen. some very excited fans are already lining upfor the highly anticipated film. >> harry potter and the deathly hallows opens at midnight tonight. here's an inside look at the part onef the two-part finale. >> there's no such thing as magic. >> but a movie sga that started nine years ago -- >> it's he go. >> has poven otherwise. >> athletics it's wore it because it is such big a part of our lives now.

>> reporr: so much so that the film are correct lively the top grossing film franchise worldwide. >> they won't know which harry potter is the real one. >> reporter: but the release of the seventh film, part one of the deathly hallows, marks the beginning of the end. >> on the actual day, i haven't predicted that i would feel -- it will be another day. a bit of pacing but not really any actual tears. i was devastated. >> they've spent a deck made the fronof cameras growing from children into young adults. >> it we will always have a very special bond for that reaso no one else will ever really haveny idea what this experience is like. >> where do we go from here? >> reporter: the experience is changing for their characters as they start a finale that ncludes next summer. >> 're not school kids anymore. we're on the run. and it is, a very dangerous

environment. >> reporter: but it is one harry potter fan gets to revel in a little while longer. c news. >> the second half of the athly hallows is slated to open july 15th, 2011. >> and harry potter fans are just on their heels waing for this. >> a good weekend to see when it the cold air comes after thanksgiving. we've started talking about this, the cold air coming for the weekend after thanksgiving. even friday morning when a lot of shoppers are out. my goodness. it is going to be awfully chilly. t there right now, look at that gorgeous sunset. a little clouds are, still hanging on. it is quiet and the temperature range from 54 degrees. you folk in chantilly, now it's 50. rockville at 52. mitchellville, you're at 53 degrees with the light wind out of the norris and northwest. there's a look at the good night

wake-up foreca from 46 at 9:00 to 44 at 11:00. into the 30s this time tomorrow morning. so temperatures are going to be a little lor than they were this morning. talked about the leonid meteor showers. it was sure a challenge to get a good ot. this is courtesy of jim gamb. it is a composite oto. what did he is oh a series of shots, he put them altogether. amazing. about 15 to 20 per hour. i don't think it will be all that great tonight because we'll be fighting the clouds ving out as well as the moonlight. the moon doesn't set, folks, until 4:54 i believe it is. we are finding the moonlight. if you do get a decent photo in to weather at nbashington.com, so cold wis. 34 and in fauquier county, 35. fredericksburg, 39, and saint mary's, into the 50s tomorrow. at least we'll get the sunshine back.

and look at the tnd here for the weekend. 60 saturday. 52, sunday. then a lot of mild air, the early part of next week. the next storm system not only showers but it could bring a thunderstorm to the area. maybe wednesday, even thanksgiving day early. but then, temperature drop thursday. all right. >> we won't get rain on on monday. >> no. coming up, a family gets an unwelcomed house guest in the backyard. >> plus the dispute over the bill at hooterseads to an attack all caught on tape. a pastor says get on facebook. could it save your marriage. it's one of the most expensive universities in the country. now bed bugs have been discovered on this local campus. giving cheaters a send chance. a local high school is easing up on students who are caught breaking the rules. and go flying.

in argentina's parliament. what set off this lawmaker? that's tonight on, whoa! there she goes. wait for it.

a family in florida hadn unwanted house guest last night. a huge black bear climbed a tree in the backyard. the family called police while the bear relaxed in the tree. it turned out to be quite a spectacle. neighbors even ce over to

catch a peek. the family nicknamed the bear yogi. eventually yogi came down on its own. two people who work for bernie madoff are now accused in the ponzi scheme themselves. th were arrested today. investigators believe the back office employees helped madoff dupe investors for decades. they are accused of profiting from the scheme and they're chard with conspiracy, securities fraud and falsifying records. coming up next, the video you've been waiting to see. a police officer grabs a woman byer hair over a dispute at hooters. >> oh, my! and the whole ordeal is caught on tape.

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> a 54-year-old grandmother got into an argument with an off duty police officer at hooters and the whole thing was caught on tape. the woman yesterday filed a lawsuit seing damages from hooters and the security. meanwhile, she is in jail. nbc's dick johnson explains. >> reporter: the security video in hooters captures the whole story. 54-year-old paralegal is disputing a charge on her bill with the manager and security guard, joseph smith. an offduty oaklawn police officer. as you can see, torres reluctantly puts down her credit

card but is still clearly insensed. the offduty cop make a regard according to torres's daughter that suddenlychange the die animal ig and it gets ugly. >> what was he saying? >> he was saying all you people are the same. >> what was she saying? >> what dyou mean all you people are the same? are you trying to make a judgment toward me because i'm mexico an? >> no matter wat the situation is. he is three time her size. and even a cop, too, he shouldn't have been arguing with her. he should be the mature one. >> reporter: as the manager returns to have torres sign the receipt, the offduty officer does something that horrifies onlookers. >> he had her by the hair. he was slapping her. an i ran up to my sister. i'm like, don't touch him. he is an offduty cop. that's when i was in the middle of the video and i was pointing at him and inyou'd better [ blp ] hego. e ended up getting toe radio and i guess calling for back-up. >> several oaklawn squad cars arrived. torres was arrested and put in one of them and suddenly there are two very different sides to

this story. officer smith testifies in court that torres spit on him. >> theres no evidence of that on the deo. and if you are, there are witnesses that corroborate my client. >> reporter: nonetheless the verdict is guiltfor the grandmother of near is now serving almost seven months. her family admits she has a temper when she believes she's been treated unfairly and has prior conviction for dui and retail theft. >> even if he had cause to lieve that he had probable cause to arrest her, he did not have probable cause arrest her and beat her. >> the oaklawn police chief says he stands by the officer's decisions but he admit that he has not yet seen the security video. that's news4 at 4:00. news4 at 5:00 start right now.

the troubles mound for metro tonit. the transit agency has been under fire for week over the faulty escalators. then a ceiling collapsed on a platform. right now, news of even more problems putting the rail system's reliability in question. tonight, the list grows longer. good evening, everybody. i'm jim handly. >> and i'm wendy rieger. the red line train carrying several passengers hit a piece of equipment this morning. this happened between the wheatonnd the glen mont stations. that train was able get back up into the stations to let the passengers out and there were not any injuries. trains ran on a single track through the ar for about an hour while the area was cleaned up. hours earlier, metro's communication system failed affecting its website, its e-mail sxlerts thearrival times signs at stations. the agency is planning a full review to figure out what went wrong. this comes one day after a large piec