now at 11:00, attacked on metro. the victim in this surveillance video talks to news 4. his alleged attacker now behind bars. >> i told him that he was a disgrace to the human race. >> tonight the confrontation before the punches. >> some white house treasures

bought with taxpayer money now disappeared. the news 4 iteam tracking them down. >> and renting out a room in your house. the local county that wants to tax it like a hotel. the man who was punched by a teenager in a metro station last month says he is relieved that his attacker has been locked up. >> the video is disturbing. albert langeberg says he blacked out and doesn't remember getting hit that day, but he does remember the confrontation before the punches. news 4's shomari stone is at the eastern market metro station where all this happened. shomari? >> reporter: good evening. that 69-year-old man was attacked behind me at metro station. tonight he cities down and shares his story. >> to listen to the birds. >> reporter: at 69 years old albert likes to sit on his porch and listen to chirping. >> that's nice. >> reporter: and it's peaceful the opposite of what he

experienced on the surveillance video at the eastern market metro station last month. >> it was an unfortunate incident and i think i was just a random case. >> reporter: take a look. he says 19-year-old elijah smith attacked him. tonight police tell us that they arrested smith and he's in jail. >> what was your reaction when police called and said hey, we've made an arrest. >> i was very happy. >> reporter: trouble started when albert said he was getting off the orange lane metro train. smith allegedly shoved him. >> said get out of way, old man, and that's when i told him he was a disgrace to the human race. and he said do you want to take this out and got right in my face and said do you want to take this outside and i said sure. >> reporter: albert tells me he had a plan, walk up the escalate escalator with smith and get a station manager and don't let smith know that. that's when the suspect spit in his face punching him three times, knocking him down the escalator and then he sauce the

suspect took off running. what was your reaction when you saw the video? >> i was kind of shocked. i didn't realize at the time that i had fallen. >> reporter: he also didn't know this wasn't the suspect's first brush with the law. smith was on probation for attacking a man in silver spring last may and allegedly beat another person on the metro a year ago. >> suppose the suspect was sitting right here. what would you say to him? >> i would ask him why he hadn't learned any manners. >> reporter: now tonight police say if smith is convicted in this latest case he could receive a tougher punishment because the victim is over 65 years old. that is d.c. law. live in south d.c. shomari stone, news 1. >> thanks shomari. a few scattered storms and showers around tonight and we could see a repeat tomorrow and that's not the only storm doug is tracking. what's headed our way, doug? >> some of the showers came through right during the evening rush and we saw a few heavier

downpours. it was all about the rain that came through right around that 4:00 5:00 6:00 7:00 hour and now continues to push on down to the south. there was and it really lined up along i-95 in through fairfax county and prince george's county right now showers down towards the chesapeake and eastern shore and a couple of isolated showers back towards louden county and back to the west. something we're watching though. >> a brand new interview that you'll see for the first time hearing from a new york city police officer badly hurt from a man wielding a hatchet. the officers were ambushed and

haley was gashed in the head and slashed in the arm. the two other officers shot and killed the attacker. tonight healy tells our sister station in new york he suffered a traumatic brain injury. >> i was just on the ground. i tried to get up like two or three times, and i collapsed. i didn't even think it was possible to get hit that hard and survive. i didn't think i was going to live. >> reporter: now he says his vision and abilities are returning, but he's going through extensive rehab and is not back to work yet. we just post the full story from new york on our nbc washington facebook page for you to share. on the live desk jim hanley. doreen back to you. >> thank you. the pan american center in new york city is under tight security hosting an awards ceremony for the "charlie hebdo" magazine. the french satirical magazine was targeted by islamic gunmen

in an attack that killed 12 people. the killers objected to the depiction of the profit muhammad. security was stepped up even more after the shooting over the weekend in a contest that also featured cartoons of muhammad. the terror group isis is claiming it was responsible for that shooting in texas. two gunmen were shot and killed after they opened fire outside a building hosting a cartoon contest. a contest was sponsored by an anti-islamist group. the gunmen were killed by an off-duty traffic officer who was working security. the white house said today it's too early to tell whether there is any truth to the claim made by isis but at least one of the dead attackers was a known islamic extremist. the man charged in the kidnapping and killing of university of virginia student hanna graham is now charged with capital murder in the case. it means jesse matthew could face the death penalty if

convicted. 128-year-old graham went missing in september after a night out with friends. her remains were found five weeks later. today the prosecutor said new forensic evidence led to the new charge of capital murder. the baltimore police officer is fighting back against charges related to the death of a man in police custody. today lawyers for edward nero filed a motion demanding they be able to inspect the knife that led to freddie gray's arrest. last week state's attorney emmosby said the knife was legal under state law and, therefore, the officers had illegally arrested gray. nero's motion claims officers were right to detain gray because the knife was actually illegal under a more strict baltimore city law. nero and five other officers have been charged in gray's death. prince is going to baltimore. this sunday on mother's day he's scheduled to hold a special rally for peace concert at the royal farms arena.

promoters say the event is meant to be a moment to pause and reflect after the recent violence in that city. concert-goers are invited to wear something gray in tribute to freddie gray and others who have lost their lives in baltimore. some of the proceeds from the ticket sales will go to baltimore youth increasingly popular alternative tohotels paying to stay in a spare room at somebody's house. now montgomery county wants to tax online services like airbnb and home away. news 4's jackie benson reports now the county promises to come looking for those who don't pay up. >> reporter: you live in montgomery county and have a nice guest room that's empty most of the time. a lot of you have apparently decided to make a little extra money off of that. air airbnb home away and other online companies are letting people cash in on people's desire to cash in on the d.c.capital, especially during

cherry blossom times. >> erie pennsylvania. >> mont comegy county has hundreds of listings on airbnb and all participating as rentals and not required to pay room transient tax sneeze montgomery county president george levanthal says levying the 7% hotel tax would bring the county an extra $200,000 a career. >> they are legal in some areas and not in others so that's a different issue. this bill does not address that. >> reporter: levanthal warns it will be tough to hide from the tax. >> because it's online. because the finance department can go to airbnb and find out what rooms are available on airbnb. >> reporter: no airbnb hosts testified at today's public hearing but one group has reportedly retained the services of a lobbyist. in rockville, jackie benson news 4. at 11:00 tonight the aclu is suing fairfax county police over license plate readers. the suit alleges that the police are storing information gathered with those readers and that

doing so is an invasion of privacy. two years ago virginia state police stopped collecting the data after a ruling from the state attorney general but some local departments still collect the information. no comment yet on the suit from officials in fairfax county. >> a lawsuit against the principal of fairfax county's largest elementary school has been dropped. court records show the suit against marie lemon of bailey's upper elementary was dismissed last week. there's no word on whether there was any financial settlement. the plaintiffs allege sexual and racial discrimination by principal lemon. they said she preferred unmarried white teachers over black married teachers. the school system sent a letter to parents today expressing support for lemon. coming up tonight. scary moments caught on video. a tree fell in a playground full of kids. >> investigating the treasures of american history that end up traded or even sold. where they are going and why

they are so hard to track. >> and your first 4 traffic tonight, 270 northbound and southbound right near where new design road crosses over up in frederick. construction until 5:00 tomorrow

there was a large cracking sound and then all of a sudden a tree fell over. that's how witnesses described this scene at 5%-area playground last night. it was captured on surveillance video. a group of children were playing when that tree came crashing down. a 2-year-old and an 8-year-old were both hurt. youngest child is still hospitalized tonight with what family members say is a

fractured skull. 10,000 gallons of untreated sewage has leaked out of a pipe in oxen hill since sunday and it's going to be days before that leak is fixed. the washington suburban sanitary commission is now running temporary pipes to a nearby manhole. until it's fixed residents there are being warned that some of the sewage is spilling into oxen run. wssc says the drinking water there is not affected. as reagan national airport continues to expand people who live nearby are concerned about the increase in noisy low-flying airplanes. tonight d.c. delegate eleanor holmes norton hosted a town hall meeting with leaders from the airport in the palisades neighborhood. neighbors complain that too many airplanes do not stay over the potomac river and instead fly at low altitudes directly over land. >> delta crosses the intersection of reservoir road. i tell you, officer tony should

have been out there and pinched them when they came through. >> the airport's authority says that reagan and most airports different flight patterns are used depending on the weather, and they also say they are committed to addressing noise concerns. >> prized presidential possessions far removed from 1600 pennsylvania avenue. there's furniture, china, even trinkets actually touched by u.s. presidents. they are said to be worth a for turngs and a lot of them are being traded and sold. the news 4 i-team discovered some of what's change hands should not be. the most famous people the most famous building and address in the nation everything in or from the white house becomes a piece of history, a valuable keepsake. joe levine knows that better than anybody. >> 10 15 pounds. >> reporter: his virginia home

is filled with presidential memorabilia he collects and else. >> i'm asking $32,000 for that. >> reporter: inaugural medals. >> this is brass, has to be an extraordinarily expensive gift. >> reporter: clocks and china and even presidential tie clips. >> i've made a nice living through the years selling this other sort of stuff. >> reporter: white house stuff. >> yeah. >> reporter: white house handouts and memorabilia can be traded and sold but white house property cannot. brian miller a former federal investigator spotted this about to be sold at auction. >> we needed to stop the auction right away. that should belong to the american taxpayers. >> reporter: a white house rocking chair about to be put on the block in atlanta, and it's not just any rocking chair. ♪ teddy roosevelt's rocky chair purchased at the turn of the century, last century and kept in t.r.'s white house bedroom, and after he left it remained in

other white house bedrooms for 50 years. >> in this case the chair belongs to the u.s. government. >> it does. >> reporter: miller the former inspector general of the gsa dispatched his chief investigator to get it back from relatives of a former white house worker. >> the worker took the chair home restored it and actually kept it within their family until it was put up for auction in atlanta georgia, in 2012. >> reporter: white house worker thought it was junk or thought it was supposed to be thrown away. >> correct. he brought it home yes. >> reporter: before the 1960s white house property was often given away before a president left office to friend or simply taken by staff, and there are two centuries worth of historic white house pieces missing, according to the white house historical association, a private group that tracks the values. the i-team has learn the association has spent $44 million either acquiring or restoring old white house pieces including china pieces from abraham lincoln's presidency a dessert stand of james k.polk and a chair of william mckinley.

joe's are gifts from the president, medals and papers by the president to the public and rightfully traded >> the collecting of this stuff before ebay was within a rarified group of people. >> reporter: but he says if someone wanted to sell the lost white house property they would have little trouble. >> reporter: who is policing this? >> no one is policing this. >> reporter: he's right. our investigation found no federal agency regular track and chasing down lost white house property. as for that teddy roosevelt rocky chair, we checked. the white house has it back. it now sits in a storage room. scott mcfarland news 4 i-team. >> if you have a story you'd like to investigate, call 202-885-4444 or e-mail tips@news4i-team.com. some of us got some heavy rain tonight. >> yeah. >> what's on the horizon for tomorrow? >> i think we have a day very

similar to what we saw out there today. it will start out pretty nice. on warm side and temperatures right back to around 80 degrees and then we get a couple of showers and storms. not everybody will get them but if you saw them today, yeah they were coming down pretty good for a time period this afternoon. right around the evening rush out towards 66 and 95, a little bit of a mess. 68 in d.c. and culpeper coming in at 65 and baltimore at 65. a very mild night and a limb humid, too, when you step out. could be a few areas of fog. one thing we're not seeing is any more in the way of shower activity with one exception. we'll show you that. right now you can look at the showers and see a little bit of lightning and all of that rain is pushing off down towards the south and eastern shore and southern portions of the northern neck. we've got one shower left. you want to see it? >> sure. >> all right, thanks. hoping you would say yes. leesburg right now, there it is in leesburg living north of leesburg look at that little guy right there developing just

to the west. we could see another isolated shower or two. that's really going to be about it. this will move across the potomac in towards montgomery county and moving fairly quickly. won't be much consequence. tomorrow morning no real problems and maybe some areas of fog and that could persist. cloud cover, too and notice, just a couple of light showers tomorrow and then there's thunderstorm activity that could come during the evening. watch what happens at 8:00 9:00, back towards the west. heavier storms back towards winchester and back towards culpeper but nothing strong or severe. very similar to what we saw today. all because an area of low pressure just to the north, trying to move our way and it can't do it. high pressure to the south and just too strong. speaking of the south, we're watching another system down off the coast of florida here. this could actually become a subtropical depression and maybe even the first storm of the season down to the south. this is expected to move to the north and to the carolinas and then stop just south of raleigh. if it does, that i think we'll

fine. if it makes its way a little farther north, we could see clouds and maybe shower activity from that but right now i'm thinking we should be fine. 80 degrees on wednesday and 77 gaithersburg and 82 degrees down towards fredericksburg. afternoon showers could be seen out there. 50% chance of those. 83 on friday. partly sunny skies and a nice day on friday and then there's your weekend. 30% chance of a shower. just introduced that today and also brought temperatures down a little bit from where we had them yesterday as a result of a little bit more from cloud cover to the storm system to the south and that's the storm we'll continue to watch for you. right now it looks like mother's day is going to be a-okay and that makes my mom happy. >> better be. >> a lot of moms happy. >> thank you, doug. >> no john wall for the wiz, but they did show some

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played well but not well enough, is that fair to say? >> yeah. i just think you're also a little spoiled, getting all these victories. 5-0 going into tonight. >> greedy that's what we are. >> we are greedy but that's all right because we are doing well. there's a sweet and a sour to game two. the sour they lost the game the wizards, that is and they lost it without john wall he was on the sideline because of a hurt wrist. the sweet though the wizards can beat the hawks when john wall is back. that was quite evident tonight. not playing but does a really good job coaching firing up his teammates on the sidelines. in on all the action. skip ahead, third quarter

wizards down seven and wall's replacement sessions looking good. sessions getting the three to rattle here. john wall all about that and a few plays later more from sessions bradley beal kicks it out, knocks this down. team high 21. talk about stepping it up. wizards within one. hawks starting to pull away. demarle carroll on a long three. he had 22. hawks up five. fourth quarter. wizards trying to run it back and passed ahead to beal who hits. 20 for bradley beal tonight and wizards within seven but late in the game atlanta shuts the door and kicks out to the corner and paul millsap gets it to go. 18 points for him. hawks win it 106-90 and even the series at one. wizards with or without wall just got to play a little better. >> trying to pick up on what john left from. hard to fill a guy's shoes as great as he is.

just tried to come in and play my game and just being aggressive. >> guys have to step up in case he can't go when somebody else goes down somebody else has to step up and answer the call. there's guys that can and fill his shoes collectively. >> i'm not worried. nats hosting the marlins. stephen strasburg on the mound. check out the reaction. did you see his face? looks like he's in some pain. top two with two on. matt latos lays down the bunt and strasburg to play it. throw off the mark and brings in ichiro suzuki and the throw bounces to first, throwing error and marlins up 2-0. very next better stras facing gordon. pitch going to be outside but stras looking like he's in more pain here and then medical staff going to come out here. stras made it another inning and taken out with three. two strikeouts and two runs allowed. he had an alignmentish

iunderneath his should blade so he'll have doctors look at it tomorrow. up to new york orioles with inner league play take on the new york mets. mets up 1-0, two on and one out and that's hammered to left. it goes of the wall. empties the bases, a two-run double. in the fifth lucas duda looking to add to the lead. smashes this to center.

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by the way, mets beat the orioles 3-2 we neglected to mention that. that's our broadcast for now. >> "the tonight show" is next the one with jimmy fallon? >> i think it's jimmy fallon. >> we'll see you tomorrow. bye. >> try to get it right tomorrow. ♪ deidre & the dark - classic girl plays in the background ♪ a great entrance never goes out of style. get a free necklace with purchase. the eva mendes collection. exclusively at new york and company.

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