good morning, everyone. welcome to "news4 midday." i'm barbara harrison. it is tuesday, february 21, 2012. we begin with what could be a major milestone on wall street today. right now the dow is inching closer to the 13,000 mark. wall street was closed yesterday because of the holiday. and investors are breathing a sigh of relief this morning as european leaders finally reach a deal on a second bailout package for greece. $170 billion deal may help greece on his debt next month. the weak spot in the market

today, weak earnings report by walmart. developing story in prince william county now. patriot high school in indianapolis colts i will ha nokesville because of a strong and unidentifiable odor. students are on buses while crews are trying to find the source of the smell. we are going to continue to follow this story and we will bring you more information when we learn it this morning, police in prince george's county are investigating a violent high-speed crash into a fast-food restaurant. this left one woman dead and several others injured this morning. police say the car involved was traveling more than twice the speed limit when it flipped and crashed into a kfc restaurant in the 6700 block of martin luther king highway in landover. news4's melissa mollet has the latest the investigation from the scene. >> police say the victim was a 29-year-old woman. they are still trying to determine exactly what happened

here monday night and as you can see here behind me. the store is still shut down. boarded up. the windows are covered with wood. the front of the building even damaged by flying debris 20 feet up. take a look inside the kentucky fried chicken. a potentially weak wall braced with two by fours by safety. windows boarded up with plywood. all of this minimal compared to what happened here monday night. >> impact hit it so hard that the glass just -- flew everywhere. >> reporter: the crash scene more than 100 feet long. the bmw was speeding eastbound on martin luther king jr. highway when the driver lost control. the car came careening through this gas station parking lot. flipping taking out the shrubs and scraping the asphalt. knocking over a clothing donation box and tearing through this fence. smashing to the back of an suv at the restaurant's front windows and coming to rest in the parking lot.

>> just horrible. >> reporter: the 29-year-old female driver of the bmw was eject prosecuted the car and killed. her passenger a man. as well as the driver of the suv and two others suffered a non-life-threatening injuries. rose smith was at the gas station next door when the car came crashing through. >> with it hit the curb and went airborne just flipped, flipped, flipped. >> reporter: crews were out here much of the night. co secured the building and accident reconstruction team came on the scene and investigators also reviewed the restaurant's surveillance tapes. >> proximity of how it ended up almost into the kfc and potentially also hurting other patrons inside it. it could have been much, much worse. >> reporter: debris still litters the parking lot, a poster, spring from the car, construction crews showed up early tuesday morning. next door, the citgo manager will spend her day cleaning up. >> this is the end result.

we have glass from here all the way over. >> reporter: news4 spoke with the kfc management and do not know when the restaurant may reopen. as for police they are doing tests to see if it was simply speed or perhaps alcohol or drugs that may have played a part in the crash. in landover, maryland, melissa mollet, news4. >> we had delays this morning on the trains. let's talk to danella sealock to find out how that is moving. >> reporter: >> good morning. taking the train scheduled track work slowing down first on the blue line. single tracking between arlington cemetery and foggy bottom. traveling on the green line as well, single tracking between naylor road and southern avenue expect delays on both lines. on the roads, well, you are slow as you make your way past the work zone, inner loop at little river turnpike and i can give you a travel speed pretty slow. 32 miles per hour. making your way from 2 interchange to the dulles toll road. that trip taking you 24 minutes at this time. barbara, back over to you. >> all right. thanks, danella. turning to the weather and very chilly start to the day.

storm 4 meteorologist tom kierein joins us with the first forecast. is it supposed to warm up there n. >> it is still february and is feeling like it. this morning down into the low and mid 20s but now just past 11:00 this morning, we warmed into the 40s. ice we had earlier is melting. farther to the south and west, all that snow fell sunday. there was a remelt yesterday and froze up overnight. 43 at reagan national. near 40 in fairfax, arlington, montgomery, prince george's counties. it is in the mid 40s in southern maryland and parts of the eastern shore. upper 30s and parts of the shenandoah valley and into the mountains and it is in the mid to upper 30s. and for the rest of the afternoon, it will be partly sunny and we will have temperatures climbing to near 50. there's also a slight chance of a few sprinkles this afternoon. we will have the wind onlying in out of the south and picking up a bit of intensity, gusting to 20 miles an hour. and overnight tonight it will be mostly cloudy and we will have temperatures just past sunset in

the mid 40s and then by midnight down to near 40 degrees, wind should diminish quite a bit. sunset today at 5:52. warmup on the way i will have latest on that coming up in a couple of minutes. a look at the weekend, too, barbara. >> tom, thank you. opening statements are now under way in the trial of five men accused in that southeast mass shooting that happened two years ago. nine people were shot in a drive-by shooting on south capitol street in march of 2010. four of them died. six others were hurt. and a series of related violent attacks within eight days of each other. each person charged in the crime spree face as life sentence without the possibility of parole. the trial is expected to last for three months. a local group hopes their work will help put a stop to a string of robberies in the district. as police search for those responsible the guardian angels have stepped up their own patrols to curb crime. news4's derrick ward joins us live in northwest washington with more now. >> reporter: good morning,

barbara. we have all been reporting about the uptick in violent crimes, street crimes in the district of columbia. and while it is up to the police to make sure that these crimes do not happen, it is not completely up to them. we are learning from some citizens groups and others that part of the responsibility falls on citizens as well. street robberies, violent crimes, under the cover of night and light of day, every quadrant of the city they are on the rise. alarming 40% increase so far this year. while police say they made more than 100 arrests in connection with the krums they keep occurring. >> a crime opportunity. >> reporter: opportunity in part by easy targets, distracted it sense and easily fenced tapes, mp3 players, laptops, cell phones. >> i talked two ladies that informed me they were standing at the bus stop and pulled out their iphone and people snatched them. >> reporter: police have been stepping up their presence in the neighborhoods and guardian angels have been working to play a role as well. here outside the new york avenue metro station, handed out

flirsz. not so much to a larm but as to arm people with an effective and nonlethal weapon. awareness especially on the metro. >> they have the -- headphones in both ears. so we let them know take one out. this way you can pay attention to your surroundings and know what's going on. >> reporter: it is not just the subway. by day this intersection of 8th and g northeast is busy and seemingly safe but before dawn, there was a report of an arm robbery here. residents in the neighborhood say awareness goes with the territory. >> i mean, i'm taking the report seriously. and so just trying to to be aware of not talk on my phone, just not to make myself more of the victim or target. >> reporter: some of its is the downside of an upturn with corridors once baron off of sunset and new restaurants and bars bring night life and foot traffic. those that see not revitalization but victimization. >> i think it is the -- there is crime. >> with the economy and just that because the neighborhood

has changed and becomes more of a target, people will go where they think they can get money or people are carrying credit cards and valuables. >> we are trying to go through the district of columbia. lot of people saying the crime is in northwest, most of the robberies. the robberies are happening throughout the district of columbia. getting a lot of focus. >> reporter: again, this is the citywide problem. as for the guardian angels they plan to be out of the anacostia subway station this evening. doing the same thing. passing out common sense tips for commuters and people everywhere, be aware of surround sxg ings. most of these victims found themselves unfortunately during this spate of violent crime. in northwest, derrick ward, news4. >> thank you. a fire critically injured a woman in the district. the fire broke out you a round 8:00 last night inside an apartment in the 2300 block of good hope road in southeast washington. a child was taken to the hospital with minor injuries. several others were treated for

smoke inhalation. no word on the cause of that blaze. 11:09. coming up, u.s. military accused of burning the koran in afghanistan. why one commander says it happened. plus, it is party time i

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to your home. get america's fastest, most consistent, most reliable internet, plus the best tv picture quality, and more hd. why keep paying so much for cable? switch to fios for just $89.99 a month for two years with a two-year agreement. save $600 in your first two years. and don't forget your special bonus: $300 back. hurry, offer ends march 3rd. call 1.877.827.fios. call the verizon center for customers with disabilities that's 1.877.827.3467. at 800-974-6006 tty/v. fios. a network ahead. anonymous military official is giving insight into why

muslim holy books were burned near a u.s. air base in afghanistan. more than 2,000 people protested after hearing nato troops were responsible for the reported burnings. the military officials who did not want to be -- give his nationality told the associated press detainees were using korans and other islamic readtion to pass notes and fuel terrorism. a top commander of u.s. and nato forces in afghanistan said that he's ordered a full investigation. >> materiels recovered will be handled by appropriate religious authorities. i assure you, i promise you, that this was not intentional in any way. >> offered his apologies to afghans including the afghan president and the country's government. the next contest of the decision 2012 is exactly one week away now. arizona holds its primary next tuesday and as well as michigan which is where mitt romney was

born. right now he holds the lead in fund-raising among the republican residential candidates. romney's campaign said the former massachusetts governor raised $6.5 million in january. rick santorum raised $4.5 million. sounds of musical legends will fill the white house tonight. the president and first lady are honoring blues music and black history month. featured performers include troy trombone shorty andrews and jeff beck, mick jagger, b.b. king. the artists will also answer questions from students interested in the mouse i can and entertainment industry. the series will be streamed live on the white house website around 7:20 tonight. the president also plans to help kick off construction of the new national museum of

african-american history and culture. he will speak at the groundbreaking tomorrow morning. the museum will house artifacts from famous african-americans like harriet tubman. it will be located on the national mall. we started off really chilly. tom says it is warming up a little bit but it is february, as you zbled we have been lulled into a false sense of mild winters. this certainly has been an unusually mild winter. and in fact, this has been one of the top five warmest on record. let's take a look now at the live view from our city camera. we do have a few breaks in the clouds. little sun there illuminating the monuments and right now at reagan national it is still mostly cloudy and 43. south-southwesterly breeze beginning to pick up now around 15 to 20 miles an hour. that's going to be with us the rest of the afternoon. and the washington winter so far

recorded at reagan national airport, average temperature 42.8. and with that it makes it the fifth warmest winter on record. that is so far. we are going to be warming up a little bit more and may jump up to number four. let's take a look at the temperatures around the region now. we are near 40 degrees. fairfax, arlington, montgomery, prince george's counties. and in southern maryland near the chesapeake bay, northern neck, mid 40s. and farther west, we have temperatures in the upper 30s. shenandoah valley, into the mountains of west virginia. and western maryland. now as we look at the view from space we have a warm front beginning to move our way bringing clouds and also triggering a few sprinkles. here the close-up view of what's happening over the last 12 hours. the sprinkles in green right now showing up in the shenandoah valley along the blue ridge and out into western maryland. lot of those sprinkles will evaporate by the time they get here. we have a slight chance of perhaps sprinkle coming through later this afternoon.

otherwise partly sunny during the afternoon and mostly cloudy tonight. and by dawn tomorrow, we will have a few clouds around but then sun breaking out from time to time on wednesday. winds shifting into the southwest and persistent during the day tomorrow. when that happens we will warm up tomorrow afternoon. and persistent southwesterly flow will be with us on wednesday night and into thursday as well. so we are going to have a warm pattern coming in here for the next couple of days. for the rest of the afternoon, partly sunny, just a slight chance of a few sprinkles. especially areas just to our west, about 30 miles or so. we will be in the upper 40s to near 50 by mid afternoon. winds out of the south gusting to around 20 miles an hour. and then overnight tonight, for this evening, our sunset is at 5:52 getting later and later. mostly cloudy and chilly. in the mid 40s just after sunset. and winds should diminish a bit and down to 40 by midnight. then by dawn on wednesday, chilly start. not as cold as this morning. down to the mid 30s starting off

tomorrow morning. then during the afternoon climbing to near 60 degrees. that's way above the average this time of year. average high now is 49. and we ought to hit the mid 60s on thursday. barbara, do you remember the 60s? >> i must admit that i do. not well, though. >> then on friday, get to the low 60s, too. looks like a front coming through. may trigger rain on friday afternoon and as a front comes in, gusty winds associated with it. they will shift into the northwest, bringing in more february-like weather for saturday, sunday and monday. morning lows near freezing and afternoon highs in the 40s to around 50 or so. saturday, sunday and monday. >> okay. thanks, tom. let's check in again with danella sealock to see how things are moving on the roads and rails. danella? >> good morning. if you are traveling on i-66 eastbound still have road work happening, taking away from t right lane for you. not any major delays at all on i-66 as you make your way

towards the beltway. traveling i-270 no issues here. democracy, again, if you are making your way southbound and northbound, you are in the clear. and crossing over the 14th street bridge, nice and smooth as you make your elway into the city. really good travel speed northbound on 395. if you are at 55 miles per hour, only taking 12 minutes to get from the beltway to the 14th street bridge. barbara, back to you. >> thanks, danella. it is 19 minutes after 11:00 and still ahead on "news4 midday," the controversial new song by rihanna, not because of what she is saying but who she is singing with. oprah introduced the world to him but now he is the chef and owner of a great restaurant here in d.c. chef art smith shows us a great dirty rice recipe. perfect for mardi gras. first, here is a look at what's hot on nbcwashington.com.

he's the chef and owner of art and soul located in the heart of capitol hill. and he's joining us this morning to cook a southern dish perfect for fat tuesday as we come to mardi dprau this week. welcome, chef art smith. good to have you with us. very nice to have you. >> such a pleasure. i love being here in the capital, d.c. chef wes is from louisiana. and developed this wonderful dirty rice which it is -- it is so delicious. >> that's what we are going to make today. >> exactly. you know, we -- actually made it for his holiness when the dalai lama when he visited. we didn't call at this time dirty rice. we called it holy rice. >> many folks first met you and fell in love with your food through oprah. how did that experience change your life? >> oh, the -- the o factor.

>> i guess it changes -- she changes everyone she touches. >> everyone picks up -- it has been an amazing adventure. also as -- you know, doing top chef masters and that was totally amazing. that's a really hot pot there. >> i will ask you more questions in a minute. we better get to the cooking. >> we should. >> quickly run through what you need if you are going to make this at home. you have to have a cup of cooked carolina gold rice. got to be already cooked. you need a half cup of soffrito. half cup of mushroom bolognese. tablespoon of butter. let's quickly see what's going on here. already put some oil in -- >> right. a little bit of broth. and -- >> broth. >> special stock. and the -- carolina rice is an heirloom rice. these rices are -- north america for many, many -- for a long time, people were growing rice. this is an heirloom rice brought back. what we have done and added

the -- saffrito. it is known by many names. ground carrot, onion, sometimes garlic, tomato. it is cooked down and seasoning that's used a lot in cooking. >> let's put interest under here so people can see what it looks like. you can see it. care sxrots what else? >> onions, garlic. it can be used -- very traditionally used in italian and latin food for flavor. >> you just had a -- little bit of that in there. you can make that ahead of time. great thing to keep in the bridge. you can buy it. this is mushroom bolognese. cooked mushrooms. shitakes, portobellos park it is really nice. adds a dwoernful meaty flavor people enjoy. and -- then we have some farm butter. that cow made some good butter.

>> nice yellow butter. beautiful. >> has a -- slightly hint of truffle. add that. >> you added truffle to the butter. >> infuses the flavor. >> okay. that goes in there, too. >> you just take that. and basically what we have here is -- you know, chef wes from louisiana, louisiana is one of the great culinary centers of the south. this is such a warm, humble dish that it is enjoyed throughout that part of the world. and -- >> looks wonderful and smells delicious. >> hi to say one of the most popular dishes. and -- we have got some grand pardano cheese, parmesan. you can add a little bit of that. >> cook it down so that the -- >> right. >> water cooks out of victory exactly. >> what you want to do, as you cook it, what you are doing here, reducing ought of the flavors. i call them friendly flavors.

and we just take that and add that together. you can interrupt me if -- >> you are doing a great job. >> thank you. >> you serve that in a bowl. >> yes, ma'am. >> gorgeous. perfect. fantastic. dirty rice. >> i also like to add a little bit more of a sauteed mushroom. add a nice texture. >> beautiful. >> flavor. >> and there you have a wonderful dirty rice fit for a fat tuesday. fit for people who love a delicious, wonderful meaty vegetarian dish. >> looks fantastic. thank you, chef art smith from art and soul. we will have to come to the restaurant and taste what you are making over there. >> we would love to have you. >> it is now 11:27. coming up in the next half hour,

the crowds have been gathering more than a week now. it will be a record-setting year for the big easy and mardi gras. plus, after a cold morning tom kierein tells us when the 60s will get back in. a mother's heartbreak turns to outrage. the popular drink she says played a role in her teenage son's death. [ male announcer ] are you paying more and more for cable

and enjoying it less and less? stop paying for second best. upgrade to verizon fios and get tv, internet and phone for an incredible price: just $89.99 a month for two years with a two-year agreement. it's an amazing deal, but it's for a limited time only. so don't wait. want to save even more? call right now and we'll add a special bonus: $300 back. unlike cable, fios delivers a 100% fiber-optic network

to your home. get america's fastest, most consistent, most reliable internet, plus the best tv picture quality, and more hd. why keep paying so much for cable? switch to fios for just $89.99 a month for two years with a two-year agreement. save $600 in your first two years. and don't forget your special bonus: $300 back. hurry, offer ends march 3rd. call 1.877.827.fios. call the verizon center for customers with disabilities that's 1.877.827.3467. at 800-974-6006 tty/v. fios. a network ahead.

right now on "news4 midday," the president is about to begin a press conference to tout the extension of the payroll tax cut. here's a live look from the white house. president wills also be joined by taxpayers who will benefit from the tax cut extension and expected to talk about additional steps needed to create jobs and grow the economy. the dow crosses the 13,000 mark the first time since may of 2008. we will get an update from cnbc in just a few minutes. today is fat tuesday. the last day of mardi gras. revelers are out partying in new orleans right now. nbc's jay gray reports. >> reporter: well, hey there,

barbara. from bourbon street where the crowd is beginning to pick up, take a look behind me and you can see they are cleaning up from last night's party and preparing for the final day of  mardi gras here. and there are revelers moving back into the streets, some i have to be honest probably haven't left since late last night. again, this is the last day of what has been quite a festival here. >> mardi gras 2012. >> reporter: the festival is already in full swing in new orleans. >> mardi gras is always every day in new orleans. we are always prepared. >> reporter: prepared for today. fat tuesday when the party will reach its peak. >> bourbon street to parades and to the balloons and just, you know, camaraderie and meeting people in the streets and the crazier the better. >> reporter: the music, the madness, the parades, the crowds have been gathering for more than a week now. big easy is already busting at the scenes ask could see record

crowds this season. hundreds of thousands definitely moving to their own beat. this is no age limit at mardi gras and dress code, like this festival, is all over the place. no shoes are necessary. some cases no shirt. but there's still plenty of service in the city that throws a party like no other. >> they come and they -- they just have fun. they go out and see friends and have some of the best food in america. they -- some of the best night clubs in america. and, you know, experience the people, culture, friendliness, of everyone ruined. >> friendliness that flows like the beads, boas and the music. that is mardi gras. there will be more than a dozen parades across the area today. the biggest and tmore than a million people lining the routes, looking for beads and

baubles and anything they can get from the floats. hundreds of thousands will pour back into the french quarter. along bourbon street to end this mardi gras season. that is the latest from here in new orleans, jay gray. barbara, i -- i tossed it back to you. >> jay, thank you. we will check in with tom kierein now with the latest on the forecast. tom. got one for you here. >> good catch. >> all the way from new orleans. >> i will wear it, thank you. we are in mardi gras mood as the weather has been nice here since the last couple of days anyway. after the near miss of snow on sunday. metro area. but there is still that melting snow last night, we have my clouds passing over. with that snow did fall. a lot of patchy ice in southwestern areas just to the west of charlottesville, just to the north of charlottesville, too. west of fredericksburg. lot of ice this morning. melted away now. we are into the mid 40s throughout much of the region. and we do have some cloudiness coming through and a few breaks

in the clouds and sunshine in and out. those patches of green are some sprinkles trying to reach the ground in the shenandoah valley from near front royal all the bay down along the blue ridge to charlottesville. advancing to the north. between now and then a little sunshine breaking out. also small chance of a sprinkle later this afternoon. as temperatures reach near 50 degrees, then mostly cloudy tonight and mid 30s tomorrow morning. southwesterly breeze tomorrow should warm us to near 60 and partly sunny. partly cloudy on thursday and milder into the mid 60s front comes through friday before it arrives in the low 60s with scattered showers and during the afternoon gusty winds out of the north and west bringing in chillier weather and dry weather for sunday and monday. barbara? >> tom, thank you. french police are questioning former international monetary fund chief dominick strass-kahn for his possible connection to a hotel prostitution ring. prosecutorsty tuts told detectives they had relationships with strass-kahn in paris and here in washington, d.c., where he lived while he was the head of the imf.

the investigation could lead to a number of arrests. >> these parties and trips across the atlantic were being financed by a major french group for purposes related to prostitution, obviously that puts a lot of people in deep trouble because it is a misuse of corporate money. >> trying to establish whether strass-kahn knew that women had sex parties he attended in party in washington were actually prostitutes. strass-kahn resigned from the imf last may when he was accused of assaulting a hotel maid in new york city. police there later dropped those charges after questioning the credibility of the maid's story. virginia lawmakers set to vote on a controversial bill today. the bill requires women to get an ultrasound before having an abortion. the house of delegates is likely to pass that bill. lit then head to governor mcdonnell's desk. nearly 1,200 people held a demonstration in richmond yesterday against the strict anti-abortion bills advancing

through virginia's general assembly. the protesters stood in silence as lawmakers entered the building. protesters are are upset with the ultrasound bill and a bill that defines life as beginning at conception. d.c. mayor vincent gray and congresswoman eleanor holmes norton held a press conference this morning about a proposal to ban most abortions in the district. the two are against that plan and the measure would bar abortions in d.c. and unless the life of the pregnant mother was endangered. under the proposal, a doctor in a performed the procedure would face up to two years in prison. a road rage stabbing ends with a crash. news4's jackie bensen reports the argument started after a game at a red light. >> reporter: investigators had both vehicles, ford suv and chrysler pt cruzzer towed away as evidence in strange crime. road rage? >> yes, road rage. road rage incident. >> reporter: rocky coulter was driving between if two vehicles

and he said the people in the ford caught his eye when stopped at an earlier traffic light playing a game where everyone got out and ran around the suv and then got back in. >> the person in the pt cruzzer was talking a bunch of crap, making gestures, obscene, person in the explorer got out and the guy opened up his door and stabbed him. >> reporter: the victim managed to pursue and ram the pt cruzzer to make it stop right in front of the honda powersports dealership. >> it looked like he had grease all over his shirt and turned out heard somebody say he has been stabbed. >> reporter: coulter says he later learned the reason why the people in the ford had seen so happy when he first saw them. >> he just got married. >> reporter: the folks at the motorcycle dealership said they have seen plenty of accidents along this stretch of road. plenty of people speeding. but never anything like this. >> both men suffered stab wounds and were taken to the hospital

with non-life threatening injuries. police are still sorting out what the drivers will be charged with. the national mall has a new tour bus service now. the national park service says that the new express bus service starts march 12 just one week before the national cherry blossom festival. stops will include union station, world war ii and lincoln memorials. arlington national cemetery, martin luther king memorial and smithsonian metro station. it will cost you $5 each time you board the change comes after tour mobiles stopped operating last fall after 42 years here in the nation's capital. metro to dulles has seen plenty of speed bumps from funding issues to debates over whether to put stations above or below ground. now metro is facing another tough decision. what to name the new stations. eun yang is at the news4's super screen with more on the options. >> reporter: construction on the first phase of metro's 23-mile silver line out to dulles is ahead of schedule.

it is time to start naming the stations. the fairfax county board of supervisors released this list of suggested names for all eight stations but metro also wants to you weigh in. start thing morning, you can vote on what names up want. two stations in particular are in the middle of the discussion. station seven will be on the western edge of reston and at the existing herndon/monroe park and ride. leaders in learn don don't like the suggested name. they say reston is already being considered for two other station names and that herndon deserves its own station. station 8 is the last stop before the airport and clear metro would like something a little jazzier than herndon/dulles east. some of the other options unlike anything else on the metro map including innovation, coppermine and floris. public survey online and will stay up until march 21. you have the opportunity to choose from a list of proposed names or write in your own. you can access the survey by going to metro's website.

check again on the midday traffic. here is danella. >> let's talk about the rails here. still seeing single tracking due to scheduled track work. this is on the blue line, single tracking between foggy bottom metro station as well as arlington seminary. single tracking between naylor road and southern avenue. expect delays on both lines. on i-66, road work continues as you make your way towards the beltway. at last check it was taking up the right lane but hey, very light volume. travel speed is not bad. 57 miles per hour. making your fwra fairfax county parkway to the beltway. that trip taking you 11 minutes at this time. barbara, back over to you. >> danella, thanks. maryland mother is blaming the alcoholic drink 4 loco for her son's death. he fell out of and hit by another car. fell out of one car and hit by another. the mother says he opened the door to throw up. the accident happened saturday

in parksville north of baltimore. family members say he got sick after drinking the energy drink 4 loco. several states banned the caffeinated version of the drink in 2010. investigators don't know yet if he drank the caffeinated or uncaffeinated form. police say no charges will be filed against the driver who hit him. it is now 11:42. still ahead, a judge ordersing a 9,000 square foot home be torn down over a dispute with a neighbor. why more men are turning to cosmetic procedures like botox. dinner's ready. [ female announcer ] hamburger helper stroganoff. beefy. creamy. stroganoffy. helpers. forty dishes, all delicious. gives us the most nutritious of gifts. but only when they are ready to be given. that's why green giant picks vegetables at their peak. ...and freezes them fast, locking in nutrients

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take a look at this. this mansion face as date with a wrecking ball. all because it is too big. the 9,000 square foot home in michigan has a basketball and tennis court and elevator. a neighbor filed a lawsuit saying the mansion sits 80 feet from their home instead of the required 100 feet. a judge agreed with that and ordered all or at least part of

the home be torn down. the homeowners say the house was built to accommodate the special needs of one of their six children. dow hits the 13,000 level today. let's collect in with courtney reagan. she joins us live with that and has the rest of the business headlines for us, too. >> good afternoon. dow hit 13 thousand how ask then pulled back. right now it looks as if we are up 35 points but that means we are 15 points shy of where we were when the dow hit 13,000. we will see what can happen. a lot of time left in this trading day. another thing that the markets are focused on after months of waiting anxiously for the leaders to agree on a second greek bailout, the news is a deal has been struck but it is having little impact on trade today. actually what's having more of an impact is some of the retail earnings that we will get and i will go through those in just one moment. i mean, walmart is really one of the retailers reporting its quarterly profits today. it is a big one.

world's largest retailer, in fact. posting an expected 15% decline in earnings. they also forecast that their first quarter results came in of 1.1%. same store sales, i should be more clear than that. good news but it is actually lower than what we had expected. dow component home depot also did much better than expected with their earnings. that is part of the reason why we are seeing the dow lifted higher because that's one of the dow components. believe it or not, warm weather, warmer than expected winter we have had actually helped home depot whereas a lot of the other retailers blamed it for some of their weak sales. macy's came in with very strong results. remember they also owned bloomingdale's and they think that their efforts to tailor the merchandise, local markets, really helped that demand increase. strong holiday sales also made it one of the better retailers during the holiday season. but retailers are going to face a formidable roadblock ahead. the price of crude oil is now

climbing to levels not seen since march. fears iranian supply could be pulled off the market sending oil and gasoline prices higher when you lower that supply, that's what happens to prices. more money consumers spend at the pump, the less money they have to spend elsewhere. something retailers are concerned about going forward. bash remarks back to you. >> all right. thank you so much for that report. we will see you tomorrow. >> thank you. more men than ever before are having cosmetic surgery and nonsurgical treatments. the number of men getting cosmetic procedures has apparently doubled in the last 15 years. and here to talk about some of the reasons and some of their choices, dr. cheryl burgess. good morning. >> good morning. >> let's hear the numbers. how many men are doing this? >> statistically, 49% of the u.s. are male gender. and about 9%. it seems like it is a small amount. but as you were saying over the last, you know, 15 years, it has doubled. we do see a lot more men coming

in and getting procedures that pretty much maintain their look. >> i'm surprised at the nail salon men getting manicures and pedicures. it is not something we would have seen ten years ago. tell us about some of the top could mellic procedures. >> probably the top mainly is hair transplantation. and men as they are going balding, the process, they tend to want to think about that or use preparations such as rogaine or take propecia. there's a lot of initial steps before getting hair transplant. you can see that in man as early as late 20s. >> they really improved that. >> they transplant one hair at a time and it looks very, very natural. >> it used to see plugs in men's hair. >> right. >> telltale line you could tell that person got it done in the seven zpees 1980s.

but since then, they have perfected that technique. >> what about botox? it is a growing trend with him. men are doing it, too? >> they are. but i don't see many men get the crows feet done. they like that distinguished look around the eye. but the frown line and the forehead wrinkles which tend to be more deep in men than women, they tend to want to keep those more softened and at bay versus very deep creases in the forehead. >> are you seeing that in your own practice? >> i am. do i. yes. i'm downtown where there's a lot of professional men and they really take pride in how they dress and their appearance. and not only do you see it in women, you see a lot in men and not necessarily older men but younger men trying to put off the aging process. >> did you think -- do you think it is because they want to look younger? >> no. you know, that's the difference between men. i think women sometimes want to

change their look. men don't want to change their look. they just want to say if they have fat around the waist, they just want to get rid of the love handles and look more in shape. >> that brings up liposuction. >> yes. >> men are getting that done, too. >> yes. liposuction, what we call -- it is very common. there's a new drug that's getting ready to come out for the underchin fat that we see. and that is an injection process so it doesn't require any surgery. and men tend to do very well with that procedure and they collect a little bit of fat under the neck as they age. so that's down the road. i'm going to be doing clinical trials with this preparation. >> aside from coming on television shows how are you getting word out to men that -- okay, it is okay for to you come in. we have a separate entrance? >> no. but when they come into the office for acne or something different, they will slide in that question every now and then. what can i do for this? what can i do for that? they are still a little shy but

they do come in. >> thanks so much for coming in. telling us about some of the things guys are doing and we may not know what they are doing. thanks a lot. 11:51 the time. will a mustache help you earn more money? we will answer that for you. meteorologist tom kierein will be back with another check of the mid week warmup. stay with news4 all afternoon. 3:00, ellen welcomes taylor

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> > ♪ ♪ music that's the remix to "turn up the music" by chris brown and rihanna. the two apparently put their past behind them to make two new songs that are out this week. in 2009, brown admitted assaulting then girlfriend rihanna at a pre-grammy awards party. he is serving five years of probation for that attack. last year a judge eased the restraining order against him. rihanna said she no longer resents brown and she enjoys his music. the gram grande son of grace kelly and american actress and late princess of monaco was briefly hospitalized after a brawl in a new york city nightclub. prince pierre suffered some cuts and bruises during saturday's

fight at the double 7 club. 47-year-old adam hock reportedly punched the 24-year-old prince in the face. the former restauranteur and rutgers football player was arrested on assault charges. he says he was acting in self-defense because the prince, he says, and his entourage were harassing him. a mustache march is coming to washington. the american mustache institute says it is part of an ongoing campaign to convince law makers to create government incentives for men to grow facial hair. researchers say mustached americans earn 4.3% more money than clean-chafen americans. they believe that adding incentives to growing a mustache would boost the economy. the group wants the government to provide $250 annual tax deduction for expenditures on mustache grooming supplies. the april fools' day march will start at the white house and end on capitol hill. a look now at some of the

stories we are following for news4 this afternoon. here's jim handly, without a mustache. >> but i'm thinking. i want a raise. maybe i will -- you know, stop shaving a week or two. >> better work on that. >> we have a busy afternoon coming up on "news4 at 4:00." fat tuesday, mardi gras. big parties down in the big easy. we are going to head down there live in new orleans where the festivities are already under way. also at 4:00, harmful bullying or just a college prank? the trial begins for the rutgers student accused of secretly taping his roommate in a gay sexual encounter. at 5:00 tonight, could your breath detect whether or not you have cancer. a new sensor that makes it a breeze to get tested. these stories and all the day's news right here when we join you first at 4:00. back to you for now. >> okay, thanks so much. time now for a final check on your forecast. tom kierein joins us again. tom. >> we have clouds closing in and as we take a look at the radar we have a few sprinkles in that area moving green. just now coming into fauquier

county crossing the blue ridge and heading to the north and east. we have a small chance of a few of those sprinkles making their way our way. right now we are into the mid 40s around much of the region and later today near 50. small chance of a sprinkle. warming up wednesday, thursday, maybe rain friday and weekend looks chilly and dry. see you tomorrow morning. have a good afternoon. that's the way it looks. >> on again, off again spring weather. >> here it comes. that's "news4 midday." we invite you to tune in for news at 4:00, 5:00, 6:00, 11:00. back tomorrow morning at 11:00 a.m. and hope you are back to join us for that. have a terrific day. we will see new the morning. [ male announcer ] are you paying more and more for cable and enjoying it less and less? stop paying for second best. upgrade to verizon fios and get tv, internet and phone for an incredible price: just $89.99 a month for two years with a two-year agreement. it's an amazing deal, but it's for a limited time only. so don't wait. want to save even more? call right now and we'll add a special bonus:

$300 back. unlike cable, fios delivers a 100% fiber-optic network to your home. get america's fastest, most consistent, most reliable internet, plus the best tv picture quality, and more hd. why keep paying so much for cable? switch to fios for just $89.99 a month for two years with a two-year agreement. save $600 in your first two years. and don't forget your special bonus: $300 back. hurry, offer ends march 3rd. call 1.877.827.fios. call the verizon center for customers with disabilities that's 1.877.827.3467. at 800-974-6006 tty/v. fios. a network ahead.