sex marriage licenses. >> the prosecutor in fairfax county calling it a tragic accident. he says charges will not be filed after a woman died a few days after she was restrained and then hit with tasers inside the fairfax county jail. >> julie carry joins us live with the findings. >> a grand jury recently indicted that for murder. the attorney says there is no criminal wrong doing on the part of deputies who tried to transport this mentally ill inmate. >> it's just a horrific tale of suffering on the part of this

woman. >> that's just one conclusion. >> he says she was in the throes of severe mental illness. >> you promised me you wouldn't kill me. i didn't do anything. if you continue to resist we will use the taser. she lost consciousness not long after she was tased four times in a restraint chair. excited delirium is said to have caused her death and there was no crime committed by the deputy who struggled with her. >> they were trying to push her legs down into the chair. they couldn't get them into the chair. she was a fighter. it's not her fault but she's a fighter.

>> this is about equal protection in fairfax county. back to you in the studio. >> thank you. now to the rise in violence in the district. 109 people killed in our city so far this year. that's a 47% increase from this time last year. amid the fear there were also questions about the response. many are repeat offenders with

at least one thing in common but we will begin with pat collins and one very bad night. eight people were shot across different parts of the city marking a deadly end to the long holiday weekend. pat? >> it's an all too familiar story. young men with high velocity guns, a barrage of bullets. violent time in our city. a lot of people are on edge. this is the kind of violence police are dealing with far too often on the streets of our city. martin luther king avenue, three gunmen firing off nearly 30 shots wounding five men. it changes the way people live. these are your grandkids. do you fear for them? >> i do. i fare fear for their life. they got to stay close to family. >> when nighttime comes? >> they're in the house.

>> there was so much gunfire and violence in the street it took crime scene detectives all night long to collect the evidence. >> they just tend to do whatever they see their friend doing or whatever they see other people doing. >> it's dangerous at times. >> sources say the victims are something less than. >> troy:tive which could make it doubly hard for the cops to track down the shooters. >> during the day it's a bunch of police down here. you can walk the streets. you feel safe. then at nighttime, it is what it is. this is really crazy out here at nigh. >> at the old malcolm x elementary school, we found a council woman. she says there's a plan to reopen this place and turn it into a safe haven so kids can have a place to play and adults can have a safe place to receive city services. >> our community and resident

want safe neighborhood and places for the children and adults to enjoy their neighborhood. they are still at large. and as night falls, police again at the ready. jim, back to you. >> thanks pat. >> dc's mayor and police chief say repeat gun offenders are the common thread of many of the city's recent murders. he's in one neighborhood where the murder rate has nearly doubled. >> jim that's right. we're outside of the police headquarters where you said they are really feeling the surge in homicides. and today the mayor and the chief said they are going to start targeting violent gun offenders and tracking them through the criminal justice system to insure that they are being held accountable.

>> police have thaken more than a thousand guns off of the streets this year. only to find them back out on the streets. >> every time my police officers have to take a gun off an armed suspect, that's an opportunity that my officer may be killed and not go home. >> last weekend, police seized 34 guns and arrested 24 people with those guns. all 24 had at least two prior arrests. 14 had prior gun charges and three were under court supervision at the time they were arrested. >> so these are not people who are a stranger to the justice system. >> the chief says the most telling statistic is that 52% of the murder suspects arrested this year had prior gun related

arrests. those repeat offenders will be put on a list and monitored once released. >> if they're caught with a gun and given all the tupts to be successful, then there are no brakes in the system. they are given the strictest penalty. >> you heard the chief mention the opportunity to be successful. they stressed that in addition to tracking the repeat gun offenders they will be tracking job training so they can reclaim their lives and become productive members of society once again. but if they step out of line just once they will find themselves back behind barsment back to you. >> mark, thank you. three men charged in the murder of a high school student in sterling will stay in jail for now. a 17-year-old is charged with

murdering him. two adults are charged with accessory after the fact. parkview high school is partnering with a church to help the victim's family including flying miranda's body back to el salvador. >> we were hearing a lot of need for prayers and expressing grief and people wanting to know what they could do and how they could help. >> i think the students really want to help the family as much as possible and part of that is helping with the cost of the funeral and the funeral arrangements. >> neighbors say they believe miranda was killed because he refused to join a gang. >> hillary clinton says she is sorry for using a private e-mail server while serving as secretary of state. she made the comment during an interview with abc news today. last week she stopped short of apologizing during an interview with andrea mitchell. in today's interview, mrs. clinton says it was, in her words, a mistake to use the private e-mail. she says she's trying to be

transparent in the investigation into the e-mails. >> congress is back and ready to start debating the iran nuclear day but there's a chance that the vote may not take place. >> this debate should not be about a president who will leave office in 16 months. it should be about where our country will be in 16 years. >> democrat of west virginia said he's opposed. that's four democrats against. but three senate democrats backed the deal today. 41 in all. meaning democrats could block a senate vote against the deal. >> that is congress from spoiling the international

agreement to prevent a round of attaining nuclear weapons. >> it's still a bitter battle with dualing tv ads. >> i say we have a deal. they don't implement it. they allow it. passing another short term deal instead of risking a government shut down. steve handlesman, nbc news. >> republican campaign rival donald trump ask ted cruz are joining forces to oppose the deal.

>> we are just now learning on a disabled train for facts metro says trains are single tracking between mcpherson square and smithsonian stations right now. this affects blue orange and silver lines. a train got stuck and shut down service. >> developing now in kentucky. a clerk at the center of a heated debate over same sex marriage has been released from jail. more on the judge's surprise ruling and what she's been asked to do next. >> a couple attacked in arlington while confronting an armed robber. >> the government didn't pay them on time. why the i team says the problem affecting child care is only getting worse. >> and we're talking about another very hot day tomorrow

and then a major change in the weather pattern. some, well, some of you are going to love this. we will talk about it in a mute.

what did iran's supreme leader get in the nuclear deal? to start with, $100 billion. they keep their nuclear facilities and ballistic missiles. there won't be surprise anytime-anywhere inspections. and after ten years, restrictions are lifted and iran could build a nuclear weapon in two months. congress should reject a bad deal. we need a better deal. we serve a living god. who knows exactly where each and every one of us is at.

>> the kentucky clerk jailed for refusing the issue marriage licenses to same sex couples is now out of jail. kim davis was are released by the same judge who held her in contempt last week. sarah is live outside the jail with the latest on all of this. hi, sarah. >> reporter: kim davis's release came as a surprise to a lot of people, even her legal team. wha what happens next is in a large part up to her. kim davis walked outd of jail to a throng of supporters after four and a half days behind bars. i want to give glod the glory. his people have rallied and you are strong people. >> a federal judge ordered her released after last week finding her in contempt for refusing to issue marriage licenses to same sex couples. davis who is citing religious beliefs is refusing to waiver on the issue.

>> thank you all so much. i love you all so very much. >> davis's clerks began issuing licenses friday in her absence. >> congratulations. >> davis who plans to return to work this week is asking her name and authority be removed from the licenses. >> we are still asking for kim davis and others like her to have her conscious and religious convictions accommodated. >> as part of her release, the judge is ordering that davis not obstruct her deputies from continuing to issue marriage licenses, something her lawyer says has not been resolved. >> kim davis cannot and will not violate her conscious. >> it is an issue that has propelled itself into the presidential race. mike huckabee and ted cruz were this tl in support of davis.

>> reporter: all kim's lawyer would say is she will not violate her conscious. jim, back to you. >> thanks sarah. and palmer is a dentist in minnesota and also a big game hunter. he went back to work today. we tell you about that because he hasn't been seen in a couple of months since the internet sensation when he killed with a bow and arrow a very popular lion over in zimbabwe. he didn't have anything to say today when he did show back up at his practice. that lion is named cecil. there were protesters when palmer showed up today. they say he should be extradit extradited. problem with that is he hasn't been charged with any crime. >> doug's here with a look at the weather forecast. heat, humidity and pollen too?

>> it's all on the high side. six out of the first eight days of september have been at least 90 degrees or above. it's been a hot one for sure but it's not going to stay that way. you ready for cooler weather? it's coming out there right now. still on the hot side and hot downtown, too. temperatures into the low 90s. winds out of the south at about 12 miles per hour. here we are at 6:00. it's still 90 in winchester. 91 in leesburg. a little cooler along the chesapeake bay. on the radar we will stay dry. we have been very dry. we do need to see some rain. by tomorrow night that's when we start to see our chances of rain increase. we have got plenty of clear skies but i'm watching this storm system back towards chicago. you can see the line of thunderstorms that developed

earlier. that front will move our way and ahead of it we get the warm air. 8:00 tomorrow morning, no problems. temperatures up to 90 degrees already. and then around 6:00 in the evening, only a few showers. watch what happens by around 11:00 at night. now we're starting to see the showers. thursday, 8:00 a.m., notice the showers and storms and i do expect to see many more during the afternoon on thursday. we do need to see that rain. low 890s for the most part. the day will be dry. it's tomorrow night that we see the rain come through.

no problems. we have got you in the green area. the two yellows here, that's lunch and recess. hot and humid if you think about eating outdoors. and on the evening jog, going to be on the warm side. i don't think we will see any through around 8:00. just something to keep an eye on. bus stop forecast, a great start tomorrow. 75 degrees. sunshine. no problems during the afternoon except for the heat. high temperatures into the low 90s. 85 degrees at 11:00 or on thursday. 83 on saturday. a 40% chance of showers and thunderstorms on sart. i have got that weekend forecast coming up. and the big pattern change coming up at 6:45. >> all right. thank you, doug. a father holding out hope. why their mother is refusing to help police in their investigation. a woman who survived a

shoolting on live tv is out of the hospital today. we will tell you what she did when the gunfire rang out that likely saved her life. >> and caitlyn jenner opens up >> and caitlyn jenner opens up about life

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and pay for things with the tap of your finger know that with pnc's convenient solutions, at least your finances will be easy to control. blatche. every day there is renewing strength and optimism from the woman who survived being shot on live television. her name is vicky gardener. she was released from the hospital in roanoke, virginia, yesterday. she faces a long journey back to full recovery. adam ward and alison parker were killed in the attack. the killer used to work at the

station and later killed himself. >> it has been a year since two montgomery county children disappeared but tonight their father and grandmother say they are still determined to find out what happened to them. where the children used to play with this family's pleas for answers. chris? >> katherine's mother tells me that katherine struggled with mental illness before this happened. she was afraid her children would be taken from her. it's been a year now the children are missing and their father is left searching for them. >> children play today in a local park. troy turner says this park was the last place that he played with the children. their mother said she left them with someone where they would be safe but she has provided no other details leaving troy turner, their father, searching

for his kids often finding himself in this park. >> there are nights that i pull in here at 3:00 in the morning when i can't sleep that i drive up here and think. >> her mother speaks by phone with katherine daily. i asked if katherine wants to tell her where the kids were last. >> i think deep down maybe yes, she does. because of the comments, but i think she's got to trust me that i'm not going to, you know, get the answer and abandon her and i'm not. >> defense lawyer represents katherine hoggle. i asked if his client is some day determined to be competent. would he allow her to ask where

she left the children? >> all of the sudden magically the fog will clear? she will be able to get information that will solve this mystery. i think it's just a faulty premise. >> katherine is due next week. it will be updated to determine if it is determined. >> the $6 million settlement for the family of freddie gray, his death is changing the way police do their job amid rising tensions. >> a violent attack in arlington sends two people to the hospital. police want the public's help. >> pink slips are being handed out at a local hospital. why the move could affect the area's youngest most vulnerable patients. >> first day of school in northern virginia. we invite you to our app to put up pictures of your kids.

a violent confrontation on a quiet street. >> there is a lot after frustration about a proposed cloe sure and now one official is getting a lot of the blame. >> he needs to come here and help us find a solution. >> new concerns about the spread

of hiv. the group doctors say could be at high risk now. >> the news 4 i team reports that things are getting worse for local army families who are trying to use a federal day care program. >> we were pinching penny to penny every single month. >> there's a man in arlington virginia who is quite lucky to be alive after somebody stabbed him. >> derrick? >> there were two people attacked and the man got the worst of it but the woman was attacked too. police want people to know when it happened. >> a man and a woman are walking along arlington boulevard early sunday.

>> sustained a laceration to her ha hand. >> wounds serious enough to kill him if someone else had not come across the scene and gotten help quickly. >> police are calling this an attempted robbery and saying that the victims are lucky to be alive. >> indeed they are both expected to pull through. they weren't able to give police much in the way of identity or any kind of identification of the attacker.

we are live in arlington. >> a man who pleaded guilty to a beating of a man on a metro train will be on probation. he will also spend the first year in a halfway house. prosecutors say he got into an argument with a couple of teenager last june. we're told the man who he knocked to the ground had tried to intervene. >> the city board is expected to sign off in a major settlementment the city's mayor agreed to pay $6.4 million to the family. a settlement also calls for all officers in the city to wear body cameras. an autopsy found that he suffered a spinal coward injury.

it is equal to what has been paid in all over police brutality lawsuits dating back to 2011. it's expected to be approved tomorrow. >> six officers who were part of grey's arrest have been charged with crimes ranging from murder to assault. all of them have pleaded not guilty. the settlement does not suggest the police did anything wrong and should not be interpreted as a judgment of the police guilty or innocence. >> here is tracee wilkins. >> people who use laurel hospital. >> the fact that it's been so hidden that all of this happened. >> to its workers.

>> they tell you something. >> i kept asking are we closing and i kept being told no. >> it was kept a secret and is it too late? >> we are united in opposing the decision to close the hospital. >> the decision to close the hospital in 2008. >> staff will be laid off leaving only one other hospital that offers delivery. >> now the frustration has turned to anger. who apparently was briefed about the closure before it was announced and supports what he considers the modernization of health care.

>> a spokesperson released this statement saying that the baker administration urges the board of directors to meet with residents and stake holders who depend on the hospital to share their current and future plans for health services. in laurel, i'm tracee wilkins, news 4. now those opinions good and bad will be available online sit the first health care system in this region to offer this kind of service. all of the comments will be viewed before they are posted. they say it is to be sure that they are not inappropriate or reveal any patient information. a new warning. some doctors about one group that could be at an increased risk of contracting hiv. >> olympic champion to reality

star, now a trail blazer for the transgender community. what she says about finding happiness. >> and we're talking more heat during the day tomorrow. today into the 90s. we will get back there tomorrow and then a major change. i will show it to you coming up in a minute.

>> a surprising confession from caitlyn jenner today. she didn't always agree with same sex marriage. i remember 15 years ago, 20 years ago, whatever it was, marriage issue came up. at first i was not for it. i mean, i thought i'm a traditionalist. i'm older than most people in the audience, you know? i kind of like tradition. and you know, it's always been a man and a woman.

i'm thinking i don't quite get it. but as time as gone on, i think like a lot of people on this issue have really changed your thinking here. >> you can see part of their conversation tomorrow morning on the today show. >> a concern of people at high risk for contracting hiv, the transgender community. many are coming to dc to get health care. meet a transgendered male who is hiv positive. he's an activist working with others urging them to get health care because doctors are worried about hiv rates among the transgendered population. >> people are more apt to try to

be validated through sex or take sexual risks because of mental health issues they have with it. >> education is the key. if a person is not going to get to a facility that's going to help them and be beneficial to them, then the knowledge of how to protect themselveses is not going to be there. >> doctors say there is very little data available on how many people have hiv but as more people become more open about their gender identity we could see higher rates. not only for transgender patients but also for doctors. >> new problems for families who rely on the federal government to pay for day care. >> and a lasting tribute to a national gua

unreturned phone calls, long

waits, late payments all from the u.s. government. >> more army parents are getting stuck in red tape trying to use the federal day care program. revealing big problems for local families. and insternl review released today finds those problems have gotten worse. >> the army fee assistance program is to help those who can't find day care on the post. they find private priceyer care. thing is sometimes those checks are months late. >> the news 4 i team broke this story this summer. waiting and waiting for the u.s. services administration to send the money she had been promised. >> we will have to catch our day care provider up three months which puts us out a big chunk of money. >> this is one of dozens of army

parents who filed formal complaints saying not only are the checks late but they can't get their phone calls or e-mails returned. when the story first aired this summer, the backlog of records request in the u.s. army fee assistance program had reached 11,000 nation-wide. and internal auditors warned there were not enough staffers to keep up. the backlog has grown far worse. now 26,000 unreturned requests for help from army families. and it found so many unreturned calls were piling up 4,000 ub returned voice mails from patients. it happened because of an underequipped it system which took over the army fee assistance program last year. the gsa says it's making improvements and adding stats to reduce the backlog. but the committee saw our story.

>> you can see the i team's original report into the army day care program and send them a tip at nbc washington.com/investigates. >> a solemn service for a national guardsman who was killed in a helicopter crash earlier this year. thomas was laid to rest at arlington national cemetery today. he lived in fairfax county. he and ten other service members were killed when a helicopter went down during a training exercise in florida. family members first were told that he was not eligible for burial because he wasn't on active duty when he died. the army reversed that decision in june. clark joined the national guard in 2007 and was only 26 years

old. >> we are back with more about the weather. we want to hear about this pattern change you were forecasting. >> how did you like the 70s? >> the what? >> the 70s. >> the 70s? >> actually they were pretty cool. >> you should have been born. you would have liked it a lot. >> if you like the 70s, they're coming back just in time for the weekend. >> how did you like the 70s? >> i'm staying out of this. >> you were born in the 70s, too. it's been a hot one across the area. the 90s, that was a good one for me. getting into college, that's where we're talking. got into the 80s by 7:00. now, temperatures around the region, still hot at this hour. . it is extremely hot all up and down the east coast.

boston setting record highs. . . >> we will be dry for the day tomorrow. hot, a bit humid. sun and clouds. so another hot day. this will continue our heat wave. then it is done. the heat wave is over. we go down to 85 on thursday. 80% chance of rain. a good chance for most of us to see some beneficial rain on thursday. 84 on friday. 83 on saturday. the weekend kind of a tricky forecast here because we have had chances of rain both saturday and sunday. here's the 70s that i'm talking about. 79. 78 on monday. so we are going to see some much cooler air moving in. what about that weekend? some rain will be likely.

it will be much cooler for sure. a tricky forecast and we have time to watch it. that's what we will be doing, watching to see just how much rain and what this next storm system means as it comes on in. one thing it means is that we're all going back to the 70s. >> not so bad. >> no. >> coming up in sports, don't you know the nats have been bedevilled by injuries? now here's another. >> first here is lester holt with a look at what's ahead on nbc nightly news. >> coming up, a county clerk jailed for denying same sex marriage licenses is freed from jail but says the fight isn't over. we will go inside hillary clinton's strategy to confront the fallout from the e-mail controversy as a republican outsider not named trump surges in the polls. and more on the stories hitting home with many divorced catholics in hopes of

this is the xfinity sports desk. you home for the most live sports. >> every time you can legitimately call crunch time this would be it. >> must win is what mike called it tonight for the nationals. and bad timing. ryan zimmerman is hurt. another injury win tonight and the nats are in position. lose and the window keeps

closing. the stakes could not be higher for the washington nationals and they will be without one of their best hitters, ryan zimmerman. he's day to day but he may pinch hit. >> we enjoy playing in front of loud screaming fans that are all in support of us. i don't think there's anything wrong with us. i hope they come out in droves and cheer their butt off. >> it feels different and it helps when you have your home

fans out there cheering for you and things like that. i'm going to fight until the end. whether there's 40,000 people there or 10,000 people there. >> nats trying to fight until the end. the same day the schedule came out from next year. nascar coming to richmond this weekend. joe gibbs is in the area. three time super bowl winning redskins coach admits he hasn't seen a lot of film on cousins but he's positive about where the team is going week one. >> i never worried about a quarterback controversy because i said that's good. i think it's good that we have got depth at quarterback. we're all going to support kirk when we tee it up. i'm going to be cheering my guts out. everybody that i hired, i got to make sure they're a red skins

fan before i hire them. >> way to go, joe. espn releasing a report today, more cheating allegations for the new england patriots. not just deflate gate but bringing back up spy gate. the new report alleged the pats filmed sideline signals over a 40 game period between 2000 and 2007 and that roger goodell ordered the video tapes and notes found inside patriots offices be destroyed. we will stay tuned for this one. starting quarterback broke his collarbone out four to eight weeks. hoeky fans also not excited watching former buck eyes quarterback braxton miller. >> that was the best move. >> making it look like a video game against virginia tech.

miller with 140 total yards receiving. receiving and rushing touchdowns. leading 42-24 wins. look away turk fans. the duke basketball team honored for winning the 2015 national title. and you know, mr. obama actually sees a lot of himself in this duke team. >> i can relate to this program. does well in the classroom. one twice in the past four years. you know what it's like for people to oppose you noo malter what you try to do. when i see a documentary about how people still hate christian latner, a guy who played for duke over 20 years ago. >> i still hate him.

>> did you see him? >> oh yeah. >> how many times has he been there? and how many times has he done and how many times has he done that? what did iran's supreme leader get in the nuclear deal? to start with, $100 billion. they keep their nuclear facilities and ballistic missiles. there won't be surprise anytime-anywhere inspections. and after ten years, restrictions are lifted and iran could build a nuclear weapon in two months. congress should reject a bad deal. we need a better deal.

tonight, freed and defia defiant. a kentucky clerk emerges from jail to a cheering crowd of supporters. will she defy the judge's order and go back to denying marriage licenses to same-sex couples? clinton's apology. for the first time she says she's sorry for using private e-mail, with word that donors are getting nerv as her campaign makes a change of strategy. stepping down. late word that the ceo of united airlines is resigning amid questions about whether the airline added routes in exchange for preferential treatment. and another break from tradition for pope francis, making the most significant change in centuries for catholics wanting to wipe the slate clean on broken marriages. "nightly news" begins right now.