victim on the sidewalk with his friends near by. >> one of the guys was grabbing his hand, telling him don't leave us, stay with us, you can make it. and then some other kids were screaming for help, calling the police to help. >> reporter: a short time later, not far away, police say they arrested a 24-year-old man for carrying a gun. sources say the man is being questioned in connection with the m street incident. three shots fired, one of the bullets, a say, went through the wood of the restaurant's door, shattered the glass here. police found the shrug lug on t floor inside. police spent hours working the crime scene. in fact they closed off a portion of m street this morning so they could do a more thorough search for clues. so violent this halloween night that the mayor and the police chief held a news conference to express their concerns. the chief says cold weather in

october generally leads to more gun violence. >> when the weather changes and the coats and jackets and bulky clothing starts to come on, it's easier to conceal a hand gun and go out in public. and i've always said especially with young people having a hand gun available to you if an argument occurs is always a recent fee disaster. >> reporter: police say the number of homicides in d.c. so far this year, 95. on the same date last year, 110. assaults with a gun, so far this year, 418. at the same time last year, 510. so what are people saying about this bloody halloween? reaction coming up at 6:00. back to you. >> thank you, pat. police in stafford county are hoping someone recognizes the man in this sketch, he's the

suspect this an attempted abduction. a 17-year-old girl was walking in the garrison woods apartment complex when a man in a wage vehicle drove up and told her to get in. she ran away and the man drove off. there have been two other attempted abductions in the past two weeks in nearby spotsylvania county. jurors at the lululemon murder trial are hearing from a police detective who believed almost from the start that brittany norwood was a suspect and not a victim. norwood's accused of killing her co-worker back in march at the bethesda yoga shop and covering it up. the victim's mother is also expected to be called as a witness. chris gordon joins us live from the courthouse in rockville with the latest developments today. >> dramatic developments in the brittany norwood murder trial as it moves toward its conclusion in the next few days.

>> reporter: phyllis will be a witness for the prosecution in the murder trial of brittany norwood. norwood's defense lawyer objected to allowing mrs. murray to testify about her daughter saying it would be extremely prejudicial, but the judge ruled the testimony is relevant.defense also objected to praying a three hour long police interview with brittany norwood, but the judge allowed it saying prosecutors have to show her thinking, that the murder was premeditated and deliberate. the defense lawyer who has no connection to this case sprains premeditation. >> premeditation is some type of deliberation, it can be brief, i mean very, very, very brief, seconds, and that's deliberation. >> reporter: the police officer testifieded about bloody footprintses tracked through the lululemon store made by two pairs of sneakers. a woman's size 7 1/2 nu balance and a man sized 14 rewok, but the footprints were not made at

the same time. mcgill concluded the nu balance were laid first followed by the reeboks. prosecutors contend norwood used stores kept in the store it make the trams to support her story that there had been two masked assailants. officer mcgill demonstrated how brittany norwood tied herself up using a white plastic zip tie which he tightened with his teeth. the lead detective interviewed brittany norwood march 14th thinking that she was a victim. but days later, he followed up with a long interview which he recorded. it was at that time that her story started falling apart. he said things just didn't add up and after that interview on march 18th, britt aany norwood s arrested and charged with first degree murder. coming up at 6:00, we'll tell you what made detectives suspicious that norwood was not a victim but in fact they believe she was the kilter.

live tonight at the courthouse, back to you in in the studio. >> chris, we'll see you at 6:00. scandals in the d.c. government are starting to take a toll on the city's reputation and it could trigger who are sfwfrns with the way the city is run. a congressional committee threatened to pass a federal law requiring criminal background checks on all top level officials hired in the city government. it backed off only after the city promised to pass its own law. but city observers say the capitol hill threat demonstrates just how hiring and political sc scandals are undermining the city's reputation and independence from congress. >> send as strong message to us as a government that we have to get our act together, but we have to come out with strong ethics reform and that we also have to rise to that occasion where we're just ethically clean. because congress is looking for any excuse to get in the

district's business. >> reporter: brown promised congress that the council would pass its own hiring reform within 60 days. at the airport that bears his name, a statue of ronald reagan was unveiled. it stands nine feet tall. >> as americans and citizens of other nations, travel throughout our country from this important airport, ronald reagan's presence here will be a reminder of the things he stood for and of his lasting legacy. >> reporter: it is 900 pounds and stands before a 38 foot curving stainless steel wall. it captures ronald reagan in motion. on hand today for the unveiling,

the current secretary of transportation, ray lahood. and the woman who served as ronald reagan's transportation secretary, elizabeth dole. today reagan was credited with modernizing air traffic controlling and deregulation that kept pricing competitive. but dole says reagan was most concerned with safety across every mode of transportation. >> the safety belt laws going into effect, the air bags, skels the age 21 drinking, those lee at a minimum have produced 360,000 lives saved. >> reporter: this is one of several around the world that are unveiled as part of the year long celebration commemorating 100 years since the birth of our nation's 40th president. from freedom square in the heart of would you today pest to london, statues have been raised, town squares are been renamed and lasting tributes have been created to recognize his role not just as the great

communicator, but as the great liberate tore. >> other works can be seen at the u.s. capitol rotunda and the reagan library in california. the mother of hillary rodham clinton passed away overnight. dorothy was surrounded by her family when she died. she kept a low profile, but shall he did make some appearances. her husband died in 1993 the family is planning a private memorial service. dorothy rodham was 92 years old. some students at st. mary's college in southern maryland began to move aboard their new floating dorm today.

move has been delayed a couple times. yesterday the ship failed coast fard inspections. but today it was given the all clear. school officials say the cost of renting the 300 foot vez h. vessel is comparable to hotels. >> and it might feel tropical for them in the coming days when they first move on because the weather is starting to warm up a wee bit. >> tropical? >> well, you know, work with me. >> we're going to get above 60 and that's normally what it feels like in the tropics at night. so we can work it in. out there right now, 59 degrees. winds out of the north/northwest. it is going to be a very nice evening. but we will cool down fairly quickly. no chance of rain but there is a storm system just off the coast.

you can see it moving off the coast taking the clouds along with it. so we'll see clear skies that will allow for a very cool night tonight, down to about 44 by 11:00, but down to about 38 degrees in the city with plenty of sunshine when you wake up tomorrow morning. it is going to be very chilly to start off, but i think another couple of nice days and i'll show you how cool it will get in some of the suburbs. >> thank you, doug. still ahead, the nation's biggest bank has finally caveded as customers fight back against those debit card fees. plus what happened when the cops closed in on a man who owes the city more than $17 million in back taxes? a decision has been made about whether michael jackson's doctor will take the stand in his own defense. and the fallout following the publishing of a controversial image of president [ speaking french ] [ speaking french ]

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trying it lose weight but not finding any success? might found familiar to a lot of people. >> details on a new scientific research that could be the answer to what feels like a

doomed diet. >> we've known for it a long time that the key to losing weight is calories in versus calories out. meaning take less calories in to your body and you'll be dropping bodies in no time at all. a new study is finding out that this just isn't true and that losing weight is really more complicated than that. >> i would wlooz weight on weight watcher, gain back a little bit later. >> reporter: frank johnson is 59. he's tried all sorts of diets to get his weight down and his health up. but it wasn't until he met with registered dietitian that he found a program that worked. >> with the current plan, it's not counting as much as understanding the carbs. >> reporter: according to new research, there is no one size fits all program when it comes to losing weight. take for example the old rule of

thumb. cut 500 calories a day for seven days and you'll lose a pound in a week. kevin hall says for most people, that's just not going to happen. especially if they use that equation over longer periods of time. >> that's going overestimate how much weight loss you should expect. >> reporter: in fact, hall and his team found that following the old formula predicts double the element of actual weight loss over a year. >> the rule says that your metabolism doesn't change and that we found is that people's metabolism does change. >> reporter: after a few months of dieting, most people's metabolism will slow down, so they need to eat less to keep losing. how much it slows depending on age, gender and the amount of body fat. >> right now scientists are working to develop a weight loss simulation program for clinicians to use. you would enter in very specific information like your level of activity, your weight, your age, that independent could have

thing, and then the computer program would tell you exactly how many calories to consume to reach your weight goal. for dietitians, this research prove what is shaes been saying all along. >> there no one formula. some people will lose weight because they'll up their exercise. other people will lose weight because they're willing to take a walk. >> reporter: frank says watching what types offed foods he's eating as well as getting more exercise have been his keys to a 30 pound weight loss. >> i was ecstatic with the great success. >> you have to be happy for him. what did he eat to lose all that weight is this he said he focused on adding more vegetables to his quiet and on cutting refined carbs like french fries and bread. i wish there was a secret formula that didn't require a lot of hard work, but that's the deal. >> i wish there was a diet that didn't require to you give up french fries. >> i would be really thin. >> same here.

okay. thanks. a consumer watch dog group is calling for the boycott of johnson and johnson's iconic baby shampoo ofafter a report tt says some of the products contain substances that have been shown to trigger rashes and may also be cancer causing. johnson and johnson says they have been approved pie government regulators, but the company plans to gradually phase them out of all of its products. a new study may ease fears among importants whose sdhirn take medicine to treat attention deficit hyperactivity disorder. a government study concludes the drugs do not raise a child's risk of serious heart problems. researchers studied the held records of more than 1 million children and young adults who were taking ritalin and other stimulants. they found the risk for heart at attack and stroke and sudden death was the same for other junk sistert

youngsters. well, the weather will be good for to us start moving. >> big time. we're in for a nice little stretch of weather that we really haven't seen a whole lot of. we've seen a lot of will gloomy, rainy, snowy cold days. and now it looks like we'll see a pretty good stretch that if you are start has gone exercise routine, kind of a good time to start it. look outside. plenty of sunshine across the area. it is really gorgeous out there today with all of that sun. we did see a few clouds a little bit earlier, but they're out of the region and it is just nothing but sunshine for as far as the eye can see, which on a day like today is normally about 10 to 20 miles. 59 degrees the current temperature out there right now. winds out of the north/northwest at about 7 miles per hour. 57 in frederick. everybody fairly close to the same numbers.

we'll zoom into the metro area the sunhether go down in about an hour or so and then things will turn a little bit chilly. no clouds and in rain on the radar. there's a storm system that developed last night off the coast, it did bring activity into portions of the southern maryland region, but that was about it. a barely potent storm, but it won't affect anybody as it is just a little bit too far out into the ocean. so a cool evening out there with some sunshine, but then watch what happens tomorrow. we'll start off cold, but then with plenty of sunshine and high pressure over us, we'll see a very nice day on our wednesday. i think that is going to last until thursday. and then we'll watch this guy. this is a storm that will bring denver, colorado up to six or eight inches of snow. and it will make it way towards us. the last storm that hit denver

was the would than did produce our snowfall. this will take a little bit different of a trajectory. that means we'll stay on the driver side of the storm. mostly clear this evening, chilly but nice, 54 dropping down to about 45 degrees in some areas by around 8:00. tomorrow morning, look at these numbers. 57 in some of the cold areas to about 38 in in the city. a very chilly start in most areas. and as we move through the day tomorrow with that sunshine, we rebound nicely. 56 to 60 degrees. but that's still about three or four degrees below average. but the next couple days, better on thursday. high pressure around 62. and then that system moves in, a 30% chance of showers mostly down to the south and that will bring in slightly cooler air on saturday. but right now, the weekend is looking pretty good. still ahead, the sisters of reality star kim kardashian speak out about her divorce. also tonight, the state of

virginia reaches a deal that could help commuters get out of traffic in a gridlocked area. and will holiday season's top technology gift has scammers selling counter fits. an important consumer warning is if you're like me, you care about the food your family eats. i was pretty confused by everything i'd been hearing about high fructose corn syrup. so, i did a little research to find out what independent experts like doctors, dieticians and nutritionists had to say. i learned, whether it's corn sugar or cane sugar, your body can't tell the difference. sugar is sugar. ♪ and that's one less thing to worry about. [ squeals ] [ female announcer ] learn more at cornsugar.com.

nik and he will jackson's former doctor told the judge he would not testify in his own defense. that is testimony wrapped up in the manslaughter trial against conrad murray. closing arguments are set for thursday. if convicted, murray could lose his medical lie since an spend up to four years in prison. a huge reversal today from bank of america that just goes to show you the power of angry customers. and there is a new fee taking effect for some flyers. >> plus we've got a warning tonight about fake ipads hitting the market. just ahead of the holiday season. liz crenshaw has details. >> don't make customers that angry. we begin with bank of america's announcement that it is dropping its plan to charge customers $5 a month for using debit cards to make purchases. bank of america says it decided no to the charge customers the

$5 fee after hearing customers complaints. the move comes on the heels of other banks dropping their plans for similar debit card fees. they include sun trust bank and region financials who made their announcement monday. debit card fees are a hot issue today. the national foundation no credit counseling released results of its online poll that shows only 3% of consumers surveyed would continue using their current debit card if a fee were imposed. 62% of people polled would look for a bank that doesn't charge a debit card fee. 22% of consumers said they would start paying with cash. 8% said they would simply write a check and 5% said they would start using their credit card for purchases again. speaking of fees, this is for flyers. beginning today, spirit airlines is charging $5 to print passengers' boardings passes. spirit says customers can check in online and print their own

boarding passes for free, but if an agent prints the boarding pass, it will cost $5 per passenger.fee is only in cities where sprint does not have airport check-in kiosks. beginning in june, spirit airline says it will charge $1 to print your boarding pass at the airport kiosk. so print at home, i guess. a warning about fake ipad a and other tab blets hitting the market. tablets are expected to be this year's p top technology gift and so scammers are preying on consumers already. the website focus osco's brand protection says in a single day it discovered more than 23,000 online listings for clones counter fits or gray market tablet computers. it analyzed five brands. it warns as consumers start searching for bargains, beware of brand impersonators. the brand protection site found

tablet listings half off regular prices. bottom line, stick with familiar websites when shopping this holiday season. they will not stop trying to trick us. half price? probably not. still ahead, what happens when the cops close in on the man who owes the city more than $17 million in back taxes. former senator george allen gets a key endorse frmt a man who krooed to be his critic. and the picture of a president on a halloween invitation sparked a huge invitation sparked a huge conthi. welcome to carmax. hi. i was on carmax dot com and i think i found the one. great car. and i think, it's right over there... (sighes)...

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a man who once thought about challenging george allen for a senate seat has decided to endorse him instead. prince william county board chairman corey stewart says allen is a leader who will restore fiscal sanity in washington. but that's a far different assessment than one he gave earlier this year. julie carey has more. s >> corey stewart hasn't shied away there controversial statements, but he's now changed his mind about the man he once called a mediocre senator. >> i hearby endorse and give my full support to governor george al for the united states senate in 2012. it's a major political turn about, an effort to present a unified republican front just

the week before voters cast ballots in important state legislative races. but earlier this year -- >> i think when it got to the senate, washington changed him more than he changed washington. i think his base has moved on. i think that he's got some political liabilities. >> and this is what stewart had to say about allen in late february after he decided to focus on seeking a second term as chairman rather than running for senate. >> it was the truth as i see it. i won't take anything back. >> about but now they have rec. >> all in all, i've got to say that i'd retract that statement and i would have to say i think he has very good senate record. >> winning prince william county is key to anyone seeking

statewide office and allen says stewart's endorsement is critical. >> we're working together and it is really invigorating to have corey stewarts as a leader of our team. >> allen is seeking the nomination against several challengers. tim kaine is the democrats candidate and his supporters call the alliance pure politics. >> they have had a love/hate relationship. corey stewart has blamed george allen for the problems in washington that in fact gormg allen was a part of it, everyone referred to him as a mediocre senator. so this is clearly a marriage of political convenience recognizing the importance of prince william county to statewide election. coming up, what's at stake and why it brought allen and stewart together. back to you. the republican committee of loudon county is apologizing. in a cartoon, the president is

depicts as zombie with a bullet hole in his head. virginia governor bob mcdonnell called the cartoon shameful. the group's chairman says the invite was a light hearted attempt to inject a satiric humor into the holiday. he moapologized to anyone who found it offensive. a man accused of impersonating a police officer. police believe thomas kim was targeting latino illegal immigrants. in two separate cases, police tell us he approached women, questioned them in spanish about their immigration status. he would then show a badge and was wearing a gun. in both cases, he forced the victims into his car and sexually assaulted them. relief finally on the way for the thousands who get stuck

in traffic commuting. the department of defense is giving virginia $180 million to widen a three mile stretch of route 1 between telegraph road and mount vernon highway. it will be expanded to six lanes. new pedestrian and bike lanes will also be added. it's expected to improve access and accommodate the increased traffic generated by the base realignment and closure project. construction could begin in 2013 and take up to three years to finish. the d.c. government is now cracking down on its biggest tax cheats after our team start asking questions about how your neighbors are getting away with not paying up. >> we're talking about a number so big, we called the d.c. office of tax and revenue to make sure the number wasn't a mistake because we are talking about one of the biggest overdue

tax bills the city's ever seen. >> the tax man has come calling. the city says it's caught up with this man who owes more than $17 million. >> in this day and anyone, it is very hard to stay hidden. >> reporter: it started after we asked for a list of d.c.'s top tax delinquents, 200, 3 oorks $400,000, some of your neighbors even owe more than $800,000 in taxes and penalties. >> you don't even up on the list until we've made a claim, you've had an opportunity to contest it, the contest is over and we have september and you series of notices. >> reporter: the office of tax and revenue says there are about 40 investigators who track down debtors. they can place liens on your property, garnish wages and intercept other payments. d.c. started working closely with the irs to find

delinquents. >> a lot of people try to avoid them and our job is to make sure they don't. >> reporter: one business blame as bad accountant for its $330,000 debt. a couple from southeast tells news 4 they can't pay the $725,000 because of medical problems. all could lose their homes if the city takes the rare step of seizing the problem. >> seizing it guarantees we'll get nothing. and so we're often better off waiting until they decide to sell on their terms in a good market and then we get paid at the settlement table. >> reporter: but less than a half hour after we did this interview, the news 4 i team got a tip. police and investigators rolled up to this home and seized it barry. the city says he's d.c.'s number one tax cheater. >> it's unbelievable. >> reporter: multiple neighbors including mark say he's a stockbroker and former attorney

for the securities and exchange commission. >> i know one thing. i pay my taxes. and i tell you what, everybody's hurting right now. >> reporter: the city says it recently discovered he hasn't paid his taxes in at least five years p. and owes more than $17.8 million. >> it's a lot of money. and you could hire another the 1 2 00 police officers. >> reporter: the city isn't allowed to tell us how he tallied up the bill. news 4 did make multiple attempts to get his side of the story, but as he told the police, he doesn't want to talk. we called him again this morning to see if he wants to talk. he did not return our phone calls. the pressure is on in d.c. to collect because there is a stat chute 6 of limitations. if they can evade for ten year, the slate gets wiped clean.

we've put the list of who hasn't paid up on our website. key word, you can remember it, taxes. now, our best stories come from your tips. so if you know of someone you want to us investigate, call us at 202-885-4444. >> someone has to change that law. after ten years you're wiped clean? >> in maryland, the rules are different. the statue of limitations never expires. so if they put a lien on your property and you go and you go and you go, it goes with you all that time. but in d.c., the rules are basically what the federal government does and the federal government has sort of set the standard for ten years. >> great story. thanks so much. coming up next, the ownerses of ben chili bowl find prime real estate. and who

a car thief doesn't count on a powerful hydrant. the driver lost control and knocked off the top of the hydrant. the back of the car was held ten feet in the air for more than an hour. long enough for the cops to do a lot of finger printing. the car thief, however, managed to get away.

>> if it were always that easy. floodwaters are wreaking havoc on thailand force itting another round of evacuations in bangkok in that is the country's worst flooding in 50 years. it's killed nearly 400 people and disrupted the lives of more than 2 million. the high waters have left a herd of elephants stranded on small concrete islands for a second month. right now the only food the elephants have is what is delivered by elephant keepers who quic who reach them by boat. today's fandemonium prize is an apple tv. just go on our facebook page and like us. each day we have a different prize. winner picked at 7:00 and announced during our 11:00 p.m. news cast. last nature's winner got a samsung hd camcorder. good for her. still ahead, the kim kardashian divorce.

what went wrong? >> where do we start some and in sports, after a two game slide in

kim kardashian's divorce has a lot of folks shaking hair their heads. their entire romance playing out in front of cameras. but despite reports of trouble in the marriage, few expected

things to fall apart so fast. >> reporter: from newlywed to newly split, after less than three months of marriage, reality tv star kim kardashian filed for divorce from her husband, kris humphries, on monday, citing irreconcilable differences. releasing a statement saying after carefully consideration, i have decided to end my marriage. i had hoped this marriage was forever, but sometimes things don't work out as planned. >> i think the fact that they were in the public eye and there was a lot of attention on them and a lot of speculation and, frankly, a lot of pressure, that couldn't have helped. >> reporter: the split comes after a whirlwind romance. but rumbles of trouble. the pair made this awkward appearance on "the tonight show" just weeks after their wedding. over the last few weeks, kardashian appeared at more and more public events alone. >> i think the fact that she

filed for divorce so quickly is an indicator that she just came to a conclusion that, you know what, this isn't going to work and it's best if i just move on right now. >> reporter: now a public split after a very public relationship. much of it caught on camera for the reality show keeping up with the kardashians on our sister network e!. in may after dating just six months, humphreys proposed with a 20.5 carat rock. three months latering they walked down the aisle in front of more than 400 guests. the celebration cost a reported $10 million. none of which the couple paid for themselves. and earned them a reported $17.9 million in television and magazine deals. but experts say splitting won't mean with any cash. >> i'd be very surprised if there is any chance that kim kardashian will have to give up any of her income.

i don't think she'll lose anything other than face. >> kris humphries says he isn't giving up. he said he loves his wife and is excited to doing whatever it takes to make it work. meanwhile chloe and kourtney took to twitter to support their sister saying they're family and they'll only become closer because of this. a rapper surprised students at central high this afternoon. he was there to encourage it them to excel in the classroom. he was born and raised in d.c. before he moved to maryland to attend high school. he says it wasn't possible when he was in high school. he released his solphomore albu today. othe owner of ben's chilly

oig bowl have purchased a location on eighth street in northeast. and it currently houses as clothing store. they paid about $900,000 for the deal according to the washington city paper. the owners have not yet said if they plan to sell chili there or if they will use it for another business venture. as you know, ben's has been a staple since 1958. here's doug with a file check at our weather. will we be as cool as last night? >> cooler. and some areases will get down into the mid-20s potentially with a lot of clear skies. some of you still have though cover well to the north and west before you folks could really be in the mid-20s. so a cool night out will. temperatures will fall as the sun will continue to go down. this evening we are at a 59 degree temperature right now with winds out of the north/northwest at about 7 miles per hour.

no rain to talk about. do worry about the chilly temperatures tonight down to maybe 26 in manassas. shepherds town, about 25, 26 degrees for you folks. around 38 degrees in toward washington. tomorrow plenty of sunshine, warming up nicely i think temperatures in the mid to upper 50s with some areas approaching 60 degrees. but another day kind of like we saw out there today. so msplendid to say the least. caps are back home tonight. >> dan is live at the verizon center with more. >> reporter: it's capitals back in the friendly confines taking on the anaheim ducks tonight. a decent team. 5-5-1 coming in, capitals 7-2 after the best start in franchise history. but they've had an ugly slide lately. two game road trip to canada did not go well. they have lost two straight

trying to avoid a third straight loss. the team stills has plenty of work to do. >> some of the losses attributed to lack of discipline, taking penalties. it's tough to win when you're in the box for seven or nine penalties. and then some areas other areas we're exposed, as well. so we're looking to rebound on home ice. >> reporter: is it hard for you no to the press and just take things as they come? >> yeah, you want to score. i've scored in the past and i still want to do it, but on different nights i have different assignments. i always want to produce, but some nights it's more important if i focus on the defensive aspect. tonight be matched up against a good line. three very offensive players. so if we can try to limit their chances and slow them down, i think our other guys will score and we'll win. so that being said, i'm not trying to sit back and play

defensively, but i have a focus on a lot of things while i'm on the ice. >> you talked about lines, that brings us to our twitter question. ann asks if the changing of the lines affects you as players. >> a good question. some days maybe and maybe other days not. statement we get used to playing musical chairs around here. this year we've had a little more consistency. its so it's nice to get the consistency. lines have worked pretty well so far. i think we have good match-ups. so hope friday we can keep that consistency. just have fun.

it's an awesome thing to play in the nhl. i remember my first game, i skated around with a smile on my face. you're kind of a deer in the headlights. so cody wants to make sure he remember it is and play hard and have a good night and hopefully win the game. >> anything else stick out it for your first game? >> i remember a slip shot high and wide of the night and i thought holy cow, is this fast. and then i had a chance for my first goal. so it's pretty neat. you work so hard. it's a neat night. >> won't forget that chance to almost score. a couple more notes, the tough defense man hasn't played since the playoffs last may. he tore the labor brum. he'll be back tonight for the first time in a long time. and mike green did skate today.

he's still listed as day to day. not playing tonight. they hope that he could be back this weekend. here's what we're working for tonight. >> at 6:00, herman cain still in damage control mode over aekss of sexual harassment, but that does not appear to be hurting his campaign for president. tense moments for passenger aboard a plane forced to land with nond lag gear. it is not the reaction he was expecting. the wedding proposal that literally swept a woman off her feet. she got back up. all is well. that's pretty good. still to come, just tells what you can happen when customers get really, really mad. a big bank

bank of america announced plans that it will drop its efforts to start charging customers for using atms. >> it comes after a nationwide backlash and thousands scrambling to close their bank of america accounts.

chris clackum with the latest. all right when bank of america announced it planned to charge users a $5 a month fee, the outrage was thunderous. >> this is just another slap in the face for customers. >> first thing i thought, to go another bank. but them's probably all go to that. >> reporter: indeed wells fargo, j.p. more began chase and sun trust were all experimenting with the fee, but like bank of america are now backing off. david darnell from bank america said in a statement, our customers' voices are most important to us. as a result, we are not currently charging the fee and will not be moving forward with any additional plans to do so. some analysts aren't surprised by the reversal. >> so bank of herk wof america limb and it's far more difficult for a bank to stick to its guns on an issue like this when none of its competitors are doing the same. >> reporter: those same analysts won't be surprised either if

banks find other fees to raise. just not as conspicuous as the one for using the debit card. chris clackum, nbc news. and that's it for news 4 at 5 5:00. news 4 at 6:00 starts right now. herman cain changes his tune with the gop front runner now saying about the allegations of sexual harassment in his past. six people shot in the district on halloween night. the d.c. police chief says weather may have contributed. scandals in d.c. government could change the way the city is run. >> good evening. we begin tonight with new developments in the trial of a woman accused of killing her co-worker at a bethesda yoga shop. the jury just heard testimony