manslaughter and third dui. his case last year set off a fury when it was revealed he was the subject of deportation proceedings that dragged on and left him in the country to commit a new crime. at issue today, a felony murder. a charge never used by prosecutors in this kind of case. his attorneys argued the crash was simply an accident, not murder. >> the evidence will show that he had no intention of causing this accident. he did not set out purposely to injure himself, the sister involved in the accident or anyone else. >> the two surviving sisters testifies. she remembered his car coming at me. i remember this huge impact. hearing sister connie ruth

moaning. she lost her thumb in the accident and broke 14 bones. the accident left sister denise moasher dead. >> the devastation, yes. just seeing the ladies whose lives are changed forever and another life lost because of a careless act. >> reporter: investigators testified the blood alcohol level were.20 and they found 20 beer cans in his vehicle that morning. the judge took 15 minutes to find the defendant guilty of murder. >> i find the defendant guilty of felony murder. >> not pleased with the decision but it's a tragic decision. he continued to drive and drive in a dangerous manner. he took the life of an innocent person.

>> reporter: the defense attorney says an appeal is likely. >> we are disappointed. so is carlos. there are remedies to that. >> reporter: the defendants will be sentenced on february 3rd when he faces up to 70 years in prison. for the benedicting sisters, they say they have forgiven him. more on their thoughts coming up. >> thank you. a shooting in northeast washington wound up with a firy car crash today. police say a man was shot around 4:00 this morning, near this intersection of 17th and monroe streets. they believe the victim tried to drive himself to the hospital but he lost consciousness and hit a stone wall. the driver is said to be in stable condition. police are still looking for suspects and a motive in the shooting. one man was wearing a mask. the other wearing a wig. when they showed up at a dentist office in northwest d.c., they were not there for trick or

treat. they were there to commit a crime. that robbery happened in the 800 block of butternut street. pat collins is live at the fourth district police station with more on the halloween heist. pat? >> reporter: one guy had a frankenstein mask on with a gun. the other guy, an afro wig with a knife. this was no halloween prank, this was a serious robbery. the scene, this dentist office on butternut street northwest. two armed robbers using halloween garb burst into the place, order everyone to the floor and rob the dentist, his staff and patients. one of the victims, in her 80s. after it happened, she called her husband. we are not identifying him by name. >> she says don't come for me now because we have had a disturbance here. they took my money.

i was shook up. she was, too. i'm sure of that. >> reporter: police spent hours going from the scene looking for clues and evidence that could lead them to the suspects. among the items taken, gold jewelry, rings, chains, charms and cash totaling about $1300. reaction now from neighbors to this halloween heist. >> it's unfortunate. in my neighborhood. in my neighborhood. i don't like it. not at all. >> the dentist didn't deserve this. i know him. i see him all the time. >> reporter: what do you make of that? >> it's treacherous is what i make of it. >> reporter: on halloween. >> i need to warn my folks. this is what's going on. >> reporter: now on this halloween night d.c. police have special patrols throughout the city. but you can bet they are going to have extra special patrols up

there on butternut street. wendy, back to you. >> all right. pat collins, thank you. millions of people still without power tonight after this weekend's rare october snowfall. they got hammered up there, folks. the storm dropped 30 inches of snow, bringing down power lines and tree limbs. hundreds of schools were closed. residents waited in long lines for gas. they still had electricity. many towns canceled or postponed trick or treating because of dangerous conditions. the storm is being blamed for at least a dozen deaths. well, it is a little bit chilly outside our door here. our temperatures are colder than normal this time of year. >> doug lets us know what to expect if you are heading out to trick or treat tonight. what about it? >> the average high temperature is actually around 64 degrees. right now, we are sitting at 54 degrees. we are starting to cool off a bit sitting under mostly cloudy skies.

sunshine and high clouds across the area. this evening, i think we are looking a-okay across the region. doppler radar showing a few showers to the west. watch this. we widen out here and see a few showers to the south, too. we are going to continue to watch as the two storms try to come together over our area. i think it will be too late for us to see any good precipitation. we will see the potential for at least sprinkles later on into the evening. the temperature around 47 degrees by 11:00. by 5:00 a.m., temperatures 42 degrees. i'll have the halloween forecast for you in just a second. chuck bell is also here for the halloween forecast. stand-up, chuck. give us a walk through. back to you guys in the studio. taco bell. >> yes, i was going to say, we need to explain that. taco bell sitting next to you. >> in four inch heels. halloween while the

republican presidential race is rocked by controversy. the political front-runner saying herman cain was accused of sexual ahassment in the '90s. he says he was the target of a witch hunlt. >> i have never sexually harassed anyone. >> we have actually seen a settlement document that one of the women read that details the allegations. >> nbc news confirmed a woman received a settlement from the restaurant association after complaining of inappropriate sexual conduct by herman cain. he says he rekused himself from that investigation. if there was a settlement, he did not know about it. a committee issued reports of fraud in the race. minor candidate brown appears to have been paid money by people. it found no specific evidence

brown was promised a city job. tom sherwood joins us with a closer look at the report. >> this is a mixed report for mayor gray. they have been under a cloud of suspicion for months. brown said earlier this year he was paid thousands of dollars in cash by the gray campaign to criticize the then mayor during last year's mayor's race and later got $110,000 a year city job for his work. a house committee looked into the allegations and said in the 50-page report monday and found evidence he received financial backing from a senior operative. the committee said, however, it found no hard facts verifying the job claim by brown. $110,000 city job. the congressional committee did not subpoena witnesses or interview mayor gray himself. the committee praised and relied

upon an earlier report. >> i was pleased they came out with the same conclusions we did. they may have been harsher with respect to brown and his reliability and credibility. i think it shows something. it shows that we don't need an outside entity to look at what the council is doing and what the administration is doing. we have the where with all and the ability to look into our own affairs. >> reporter: in a telephone interview, brown told nbc 4, i have been telling the truth since day one. he said he was interviewed only once by the house committee. mayor gray declined to comment to news 4 about the latest report. gray had done nothing wrong. the gray campaign is under criminal investigation by federal law enforcement officials. jim, back to you. >> tom sherwood, thank you. next on news 4 at 5:00, high

drama. what it took to rescue workers after the scaffolding collapsed in maryland. a key ruling that could hurt prosecution. new research about breast cancer. it turns out you may not be at risk of developing that disease, even if you have a close relative who battled it before. wendy is back and news ♪ [ jerry ] attention shoppers. your groceries are the size of idaho but the interest rate on your checking is small potatoes.

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breast cancer experts believe women are at an increased risk of the disease if they have a mother, sister or aunt with the disease. there's no increased risk if they are not carriers of a certain gene. >> we take the breast tissue off the muscle. >> reporter: women that test positive for the gene have difficult decisions to make. frequent mammograms or having their breast removed. brca one and two increase the risk of developing the risk of breast and ovarian cancer as much as 20 times. >> what to do when a woman tests negative for the mutation

identified in her family. >> women without the mutation had a higher than average risk for the disease. that research compared women with relative who is had the gene to the general population. stanford university says that's like comparing apples to oranges. anyone with a relative with cancer has a small increased risk for the same disease. they compared the test group to relatives with breast cancer. >> we did not find a greatly elevated risk for breast cancer. i think the negative test can be reassuring to them. >> reporter: they may not have to face the choices made by their mother, sister or grandmother. >> women who test negative for the gene but have family members that are carriers should follow the same mammogram guidelines as the general population. a boy remains hospital sized

after spending five nights in the builderness. he was with his father when he got lost. the 8-year-old who is autistic was found friday afternoon near a rock quarry. the grandmother tells us the fact he didn't know how much danger he was in probably saved his life. >> there's no fear. i think that's what helped. he's a tough little boy. >> officials tell us he will be released soon. that's a picture we want to see. >> yeah. it has been, boy, cold. he was out during -- >> he was out there before it got really cold. thank goodness he was saved before the coldest air came in. that would have been big-time problems. >> it's a weird october we are having. >> it is weird out there. looking back, this is the coldest october, the coldest halloween we have seen in ten years. if you thought it was going get colder, maybe not.

out there is looking good. earlier today was a good day for a halloween parade. this is in northwest washington. you can see the kids wearing their costumes. a couple kids right there. i see a princess costume, there's a banana man and a kid wearing skittles. that's fantastic stuff. a lot of kids having a great time. right now, currently at 54 degrees. if you are getting an early start, not too bad. cloudy skies across the area. winds out of the south-southeast at 7 miles per hour. it's 50 in hagerstown. 55 in culpeper. looking like a very nice evening, we have rain out there. not around the immediate area. look at the showers starting to show up in maryland. nothing hitting the ground, yet. west virginia, that's two systems working together. here is the first system and here is the second system.

you can see the influx of moisture it's going to combine over the region. a little too far to the east to give us any chances for rain over the next 24 hours or so. the rain is making its way up. maryland has the best chance to see the rain. then the storm develops just off the coast. it's good news for us. we are going to stay on the dry side. cool tomorrow with plenty of sunshine. the rain stays off the coast. a chance of rain tonight. that's it. the storm system lingers off the coast. far enough off the high pressure is able to dominate. wednesday, i think we are looking at a very nice day. we need a couple nice days here after the last couple we have seen. if you are going out tonight, a little trick or treating, 30% chance of sprinkles most likely after the 7:00, 8:00 or 9:00 hour. temperatures around 48 degrees. some areas cooler. you may need the jackets, but not too bad out there at all for the kids. tomorrow morning, as they take the candy to school with them,

showers clearing to the west. temperatures 38 to 44 degrees. tomorrow afternoon looking good. clearing skies throughout the afternoon. really milder temperatures with temperatures in the mid to upper 50s. winds out of the north. better for the next couple days. wednesday and thursday looking great with highs in the upper 50s to around 60. back to 58 on friday with a 30% chance of showers and more clouds. at least this week, kind of a break from what we have seen the past couple weeks. i think we need it. >> what was your costume today? >> i came in as -- >> doug kammerer. >> a doug kammerer doll. veronica had a great costume. >> she did. she was a storm front. >> go to our website. cool pics. >> go to our website because our fandemonium give away continues for another week. we have a camcorder valued atmore than $250. to get a chance to win, go to

nbc washington, our facebook page and like us. you have to really like us. we are going to pick a winner at 7:00, announce the winner tonight at 11:00. we like to be liked. >> yes. >> that's what we are all about. coming up next on news 4 at 5:00, police are stepping up patrols after four abduction attempts in this local community. the defense star witness is on the stand. i'm liz crenshaw, earthquake inspections, why it's more

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the main hall at union station is back open after being closed for most of the weekend for repains. on friday, a piece of plaster fell from the ceiling. officials blame it on the earthquake that hit back in august. crews cleaned up things and hung netting to catch additional plaster that might fall. repairs to the ceiling will begin later this week. as the cold sets in this time of year, experts recommend you get your fireplace and furnaces inspected. liz crenshaw is here to explain why. the items you use to heat

your homes are the second leading cause of fires. they are a source of correspond ban monoxide. inspection is more important this year than ever. >> we have had several deaths. unfortunately, as a result of this, the past several years. >> the fire ems is talking carbon monoxide poisoning. it strikes during the cold months when consumers turn on the furnace or light the fireplace but the toxins don't escape the home. >> call in a qualified and certified expert to come in and inspect and clean the heating equipment to make sure it's operating properly. >> reporter: this year is more important than any other because of the earthquake that rattled our area in august. damage like this is obvious, earthquake damage may be invisible without inspection. >> your chimney or ventilation

pipes may have shifted. mortar may have come out. bridges may have been dislodged and they are not visible to the naked eye. >> consumers should call on the experts for that inspection. >> if you have a chimney, you have to have a fireplace. that's not the case. for instance, for this house we are at today, you know, they have a hot water heater that vents through the chimney. >> we watched christina with pretty clean chimney sweeps inspect the furnace flew that goes outside the house. when inspectors hit the roof, they sent our camera down the chimney. they discovered a crack that could have been caused by the earthquake. >> when you have a malfunction, carbon monoxide builds up in the house. depending on the amount of time, you could become sick or die as a result of carbon monoxide

exposu exposure. don't wait until december. now is the time to do it. >> it is important to research the company before you hire someone to check out what's happening with your furnace flews. don't hesitate to get a second opinion. some companies don't charge for inspection. you can find highly rated companies through the better business bureau. think about it this year. if you usually let it go, don't let it go this year, not the year. >> thank you, liz. coming up after the break, it is week two in the testimony of the lululemon trial. grounded. plans to move hundreds of students out of a hotel and on to a cruise ship have been delayed because of an unexpected problem.

the headlines, an illegal immigrant has been found guilty of killing a nun in a crash. he's charged with felony murder because it was his third drunk-driving offense. sister denise mosier was killed. two other nuns were injured in the crash. police are looking for two suspect that is robbed a dentist office in broad daylight. one wore a mask, the other a wig

and bandana. the two suspects got away with jewelry and $1300 in cash. residents across the northeast are cleaning up after a snowstorm. 30 inches fell in some states. millions remain without power. hundreds of schools closed. it could be all week before some get their power restored. let's fast 4ward to our local weather. >> it is chilly out there but not too bad. if you have a jacket or light coat, things are going to be a-okay. showers making their way in from the west and is south. raleigh, north carolina seeing heavy rain. 48 degrees. some of the rain will try to move through parts of the area tonight and early tomorrow morning. i'll break it down for you to see what to expect overnight as you wake up for your tomorrow morning on tuesday. >> thank you. prosecutors suffered a potential setback today in the trial of a woman accused of killing her co-worker inside the lululemon store in bethesda.

>> a judge rejected a key piece of evidence they were hoping to use to establish a motive for the murder. chris gordon joins us live with today's events. >> reporter: for months now, news reports indicated jana murray caught britney norwood stealing store merchandise and confronted her on the night of the killing. that was the motive for the murder. prosecutors have been prevented from presenting this evidence to the jury and may have to ask them for a guilty verdict without telling them what was behind the argument that led to the fatal confrontation. the prosecutor in this trial has not been able to tell the jury that murray was suspicious of norwood and norwood called her to reopen lululemon where the attack occurred on march 11th. before the jury was allowed into court, the prosecutor asked to

recall a witness, to testify that on march 11th jana murray called her to ask if she sold norwood the merchandise, but had not given her a receipt. jana told her she accused norwood saying you are under suspicion. i think she stole, which could provide the motive for the murder. the judge denied it saying it was here say and refused to allow her to testify what jana murray said to her. this is a setback for prosecutors. >> anytime we are talking about first degree murder and premeditation, the state must prove intent. that premeditation, deliberation and willfulness of an act. evidence that tends to support motive before the killing is critical to the prosecution. >> blood expert testified the blood spray on the wall and

floor indicates jana murray was hit while standing, and crouching on the floor. she was not attacked in the bathroom where she was found tied up. the flow of blood from her forhead means she was standsing, not left lying on the floor for hours. a dna expert testified most of the afternoon. coming up at 6:00, we tell you where the dna points in this murder trial. that's the latest from the montgomery county courthouse. back to you. >> chris, thank you. police in spots vain ya county will investigate a series of attempted abductions in and around the county. there have been four incidents. three in spotsylvania. the most recent saturday here in spotsylvania town center. a woman says a car full of men tried to force her into the

vehicle. police are looking into whether any of these cases are connected. the trial of dr. conrad murray is in the final days. he's charged with negligent homicide. dr. paul white testified that jackson likely gave himself that fatal dose of the powerful anesthet anesthetic. >> do you agree there are instances where dr. murray deviated in his treatment of michael jackson on june 25th, 2009? >> yes, i would. >> there's no justification of what he did in failing to call 911, is there? >> i think he should have called 911 sooner. i do not think it would have made a difference in the outcome of the case. >> they say it's unusual to administer propofol outside the

hospital and dr. murray failed to monitor his condition. a crew is on level ground after the scaffolding they were working on collapsed. it happened in rockville. fire officials say three people were on the scaffolding when one of the sides snapped. all three were thethered in. firefighters used a bucket to lower them to safety. the whole operation took less than ten minutes. they are looking at what caused the scaffolding to break. halloween starts sempl days early, goes through the weekend and heads to the actual day. plenty of people were out on the streets of d.c. tonight. shomari stone has more. >> reporter: it's rocking tonight from what i'm hearing. a lot of ghosts and goblins are coming out to gorgetown. if you look here, the traffic is picking up. you have the rush hour.

people going back home. these streets are going to be lined with a bunch of people out celebrating halloween and showing off their costumes. watch out. this scene is terrifying for some drivers as a tow truck takes this car away. many side streets closed. parking restrictions started an hour ago. the parking restrictions end 6:00 tomorrow morning. this is what it will look like tonight. the halloweenloween spooky celen at its finest. keep in mind, police might shut down more streets if the crowds become too big. >> it's crazy. streets off. kids in costumes, adults in costumes. everybody is running around. itis the most fun of the year. >> reporter: your costume scares me. >> i'm not trying to scare you. >> reporter: i think she was a little scary, all though those diamonds, maybe she had the bring thing going. there's a lot of information

regarding the parking. i could sit here for ten minutes telling you of the road closures. save your time. go to www.nbcwashington.com. this says scary parking situation for halloween in georgetown. skrol up and look at all this information about parking. you can access it on your phone. we are bringing you the information you need to know to have a nice halloween. live in georgetown, i'm shomari stone, back to you. >> it's always a good time down there. >> i think this is his first halloween in georgetown. it's going to get hopping. still ahead, why getting a parking ticket could impact your credit score. a shark attack off the coast

get ready. several maryland tolls are going up. tomorrow, tolls for the baltimore tunnels go up by a $1. the fine for passing through a toll plaza without paying goes up from $3 to $15. >> if you don't pay your traffic and parking tickets, your credit rating could take a hit. "the washington post" reports more jurisdictions are turning over unpaid tickets to collection agencies and if they don't get the money, the credit scores used to qualify for mortgages, auto loans and other credit can be negatively impacted.

they tell the post ticket delinquencies could knock 15 points or more off your credit rating. >> not paying your ticket is one thing, not paying the taxes is another story. d.c. is cracking down on resident that is owe millions in back taxes after the news 4 i team starts investigating. >> i have to tell you, a few weeks ago, we asked d.c., maryland and virginia for a list of people who haven't paid their taxes and what are they doing to collect? we discovered one man owes so much money d.c. officials say they could create as many as 200 new government jobs, if they could track down that cash. we are going to tell you how much he owes. our cameras were there rolling when the city took a drastic step to collection. it will be in our investigation on news 4 at 11:00. also how to find out if your

neighbors made that list. we are not just talking d.c., we are talking maryland and virginia as well. it will be interesting. >> i wonder how you get away with it. if you don't pay $50, you get a letter. >> it comes when an irs does an audit. we think some of that money is coming from folks who may not have reported stocks. that is a big hint about what happened with this one guy. >> it's a lot of money. >> it will be interesting. >> great. >> you'll be shocked. >> welcome. >> good to have you. >> thank you. >> lee thompson's daughter. >> very excited to be here. >> yeah, it's good to have you. >> thank you. >> see you at 11:00. coming up next, a potential health hazard forced them to move out of their dorm and into hotels. now, it's another problem. students say it's impacting

their studies. t[ male announcer ] want to achieve more with your money? pnc virtual wallet gathers your spending and saving in one place. credit and debit purchases, checks, bills, and other financial information. it lets you see the details as well as the big financial picture. so you can do more with your money. see what a complete view of your money can do for you at pncvirtualwallet.com. ♪ pnc bank. for the achiever in you.

we are following breaking news in fairfax county. police arrested the parents in the drowning death of a 1-year-old girl. she drown in a bathroom at the westin hotel. the two are each charged with one count of felony abuse. we are told they turned

themselves in late this afternoon and are being held in the fairfax detention center. more on this coming up on news 4. today was supposed to be moving day in southern mod maryland. after mold was discovered in their dorms. the relocation hit a snag. it could be a day or two before they are able to move in or move aboard. darcy spencer has more on this setback leaving some students in limbo. >> reporter: st. mary's college students were set to settle in to a 300 foot cruise ship, a floating dorm. when they arrived, they couldn't board the ship. >> reporter: are you bummed out you can't move on? >> yes. i live 30 minutes away in a hotel. i have had to commute back. >> reporter: 240 students are set to ride out the semester on

the ship. university officials learned monday afternoon the vessel needs to be moved further offshore before they can live here. >> the water is too shallow. a 24 hour period proved too shallow. it's not safe. it puts the boat out of kilter. >> students were forced out of two 1970s era dorms after the discovery of black hold. many have been living in a far away hotel room and taking a bus to and from campus. some are falling behind in school work. has it affected your ability to do your studies? >> yeah. they canceled classes for a couple days but it's hard to concentrate when you don't know where to go. >> reporter: the mold infested dorms are getting a thorough cleaning. while the students will be living aboard a cruise ship, it won't be the lap of luxury. the cabins are smaller than

their dorm rooms. many students checked out of their hotel rooms and are planning their next move. >> we have to figure out if she comes home tonight, bring her back tomorrow. we don't know. >> darcy spencer, news 4. all right. let's get a final check on the forecast from doug. that forecast actually looking good out there for tonight. at least early part of tonight. i think the trick or treating, most of the time the kids are done arnds 7:00 or 8:00. then we could see shower activity making its way our way. you can see the showers in west virginia right now and down to the south. southern virginia, just to the south of richmond. shower activity and heavy rain makes its way into the northern neck and toward southern maryland tonight. as far as halloween goes, out of the last ten, four of them have been in the 60s. five in the 70s. we have been very warm over the last ten halloweens. only one has been cooler than what we are going to see tonight. that was halloween tonight in

2002 with a temperature of 47 degrees. today, we hit a high temperature of 56 degrees. i think we'll see the temperatures cooling down this evening. by the way, temperatures in the mid-50s. today is the only day of the last ten to be in the 50s for halloween. as we move through the next couple days, 57 tomorrow. looking good as the storm system moves off the coast. wednesday and thursday looking nice. high temperatures in the upper 50s to 60 degrees. both days, lots of sunshine. another storm moves across the country. that storm coming on friday, probably going to give denver four to eight inches of snow tomorrow and wednesday. >> all right. they like to ski out there. >> they do. >> they should be happy with that. thanks, doug. moving on to the redskins who should be in deskiz today. >> we had high hopes.

then what happened? >> you took the words right out of my mouth, wendy. from 3-1 to 3-4. yesterday was absolutely putrid. the redskins dominated on both sides of the ball. that 23-0 loss to the buffalo bills up in toronto. getting shut out in the nfl is a rarity. it's only happened to the redskins four times in the last decade. for mike shanahan, it's a first. he's never been shut out in the nfl or college. >> you never think you going to go out and drop a goose egg. do you ever think you are going to fall on your face when walking down the street? absolutely not. you feel like you know what's going on, you can pick your feet up and walk and handle it. we never go into a game thinking it's going to happen. while it's taking place, we have to go out and keep fighting. >> a lot of frustration and

disappointment. confusion. obviously, you work hard, practice hard. you expect a certain outcome or at least something that resembles a certain outcome. this was nowhere close. we have a lot of stuff to figure out. >> reporter: the offensive line looked like it needed to be reworked after giving up nine sacks, tieing the most in franchise history. >> as a whole offense, not just the line. it's one of those days. >> this is a tricky one to try to get answers for. we don't have answers now. i'm trying to figure it out myself. this is where you want to see the table. it will be very telling. we need to obviously use that to get better so it doesn't happen again. >> the bills gash the defense with regularity. fred jackson rolled up 194 total yards. tempers flaired on the third quarter touchdown pass. fletcher had to be restrained on the sideline after he got into

it with landry. >> everybody is frustrated. you know, that's what happens. it's what happens in the heat of the battle. you know, tempers start to flair a bit and cooler heads will prevail. i was trying to be the cool head for once in my life. help each other out. when you get heated like that, i take full responsibility for the takedown, but -- >> defensively, we don't want to give up a touchdown. you get frustrated when you give up points. >> london wouldn't talk about the incident directly. like the rest of the team, he's hoping to save a season that is quickly spiraling out of control. >> everybody has to play better. anytime you lose a ball game, you look to see what you can do better. >> especially when you work so hard throughout the week. we know what we have to do. come to work prepared. get the game plan in. working for it.

for some reason, it just can you not translate on the field, man. on sunday, that's the frustrating part. >> we need to focus in and stay together. this is the best time to stay together, focus and fix the issues we have. holding people accountable. some people might not want to hear it. we have to do it between each other and not make each other feel good about the situation for next week. what's done is done. we have to be prepared. now things have to get better, right? i don't know. fred davis, the redskins only offensive weapon against buffalo walking around in an air cast today with a sprained ankle. the redskins signed a former cowboy in runningback to choice. they claimed him off waivers. he was let go by the cowboys because he fumbles too much. we'll see how that goes. >> that's good news. >> the 49ers aren't going to be

easy. >> they are legit. the redskins are going to have to play out of their minds and get breaks to beat them. they could be 3-5 this time next week. >> it could get worse. it could be worse. yeah. all right. >> thank you, dan. see you at 6:00. well, a new weekly news magazine show debuts after "the sing off." "rock center" with brian williams will offer issues of the day. it will have harry smith and kate snow along with nbc news' established core of reporters. brian will anchor it live. >> way to be current to guarantee that we're right where the news is. >> informed story telling. there's not a lot of places that celebrate it anymore. this is exciting. >> rock center with brian williams debuts at 10:00 on nbc 4.

>> let's find out what we are working on for next hour. >> coming up on news 4 at 6:00, some of those occupy protesters have been kicked out of camps. this is taking place in virginia. we'll have that story. we now have a statement from reality star kim kardashian after 72 days of marriage. some neighborhoods in virginia may be checking the ids of trick or treaters. checking the ids of trick or treaters. yes, that's what i said. >> how does that work? >> coming up at 6:00. >> does a 5-year-old have an id? >> i don't know. i think there's an age limit. we are wondering how they could enforce it. i know you are dying to hear the kim kardashian statement. >> we are. we want one from humphries, too. >> who? >> yeah. >> i think the whole thing was a fraud to begin with. >> a $10 million fraud.

>> how much money did they kaching. >> during this difficult time, they are requesting as much attention as possible. >> exactly. yes. >> i like that one. all right doreen, we'll see you. all right doreen, we'll see you. hi. welcome to carmax.er

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california man is lucky to be alive tonight.

he was attacked by a great white shark over the weekend. >> miguel has more on this near death experience. . >> reporter: in marina, california, beach goers were warned to stay out of the water. friends helped pull eric out of the water. his board shows a 19 inch gash, the surfer air lifted to a hospital in stable condition with bite wounds to his neck, shoulder and arm. >> i think he's going to be okay. >> we got him to the beach, he was coherent. we stopped the bleeding immediately. >> he said it was incredibly strong. he doesn't know why it let go, whether because he kicked it or not but it did let go. >> reporter: minutes after he paddled into the ocean, the great white was spotted. the surfer couldn't get out of the water fast enough.

shark attacks are not common. his friend was attacked by a great white four years ago. >> it shakes me up. i started sweating this morning when he called me about it. >> reporter: he's lucky to be alive. friends and family say he will surf again. nbc news, los angeles. >> that does it for news 4 at 5:00. news 4 at 6:00 starts right now. millions of people remain in the dark tonight after that historic october snowstorm. one airline has explaining to do after a plane sat on the runway for seven hours with no food, no water and no bathrooms. a judge pronounced the fate of an illegal immigrant accused of killing a nun in a crash. two masked men got away with