later, 40-year-old domingo was shot and dying. >> it turns out there was an eyewitness. he talked to police and talked to us as we were standing out here today. the cab was parked here on pond street right where the channel 9 vehicle is right now. back there is anacostia avenue northeast. according to our witness and the man who talked to police, the suspect pulled the cab driver out of the cab, put him on the sidewalk, stripped him of his clothes and demanded money. the cab driver more than once repeated, i don't have any money. the suspect went through the cab looking for cash, came back, put a bullet into the head of the cab driver. he was able to dial 911 and then he put the cab somehow in reverse and backed into the park where he apparently died. now, according to court papers and our witness, the suspect fled this way and this is where police found the cab driver's wallet, his identification, and some clothing belonging to the suspect. >> court documents say hishad has been charged. he was in the custody of the dc

government's services. a sign to a community based group home. but sources say slye had walked away, ignoring curfew this past weekend after he was denied a pass to visit his family. the cab dispatcher had slye's cell number and court records show the same cell phone made calls to this house on anacostia road. less than a half block from the crime scene. the home belongs to the suspect's aunt who just happens to work for the same d.c. youth rehabilitative services. rashad was taken into custody on sunday. >> officials with the services tell us they can't comment on cases. >> this is another case, bruce, where you know, these youth that are supposed to be rehabilitated are back in the news and questions about oversight. what happened? >> he was in one of the most unrestricted environments. they were looking for him when

this crime happened. >> tragic ending. thank you, bruce. back into the studio. >> well, in the last hour, a judge has established a 65 person jury pool for the lumulemon murder trial. it clears the way for opening arguments to start as early as tomorrow. andrea mccarren in the courthouse all day today and joins us live with more. >> anita, we are following a breaking development at this hour. we had been awaiting word from judge robert greenburgh about whether some very, very graphic photographs of jayna murray at the crime scene would be allowed in opening statements tomorrow. the defense had argued that could be prejudicial to the jury. we are learning from our colleague, christina, in the courtroom that some of those photos will be allowed. first, both bodies as they were found at the scene will be allowed in opening statements.

jayna murray shown alive and also very interesting development in that a photo of jayna murray's shattered skull as well as her hand will be allowed in the courtroom tomorrow. that apparently is to indicate the type of weapons used in the commission of this crime. anita, you had referred to jury selection earlier and i'm told that the jury selection process, what's left of it will happen very quickly tomorrow, paving the way for opening statements to begin as early as late morning. friends and family of jayna murray, the victim in this case have been coming to the courthouse. we spoke with her college roommate this afternoon. her college roommate from george washington university. >> she lived life with an open arms, you know, she embraced everybody. she loved what she did. did what she loved. she was full of joy and i want to celebrate her life.

i want to carry on her legacy. >> again, a jury expected to be seated tomorrow, 12 jurors, five alternates, opening statements as early as late tomorrow morning. we're live in rockville, 9news now. >> anticipated indeed, thank you. here's the question tonight, did she scoop the poop? or didn't she? a jury acquitted a woman of failing to pick up little baxter's doodo. the fact that the case got to the circuit court has people steaming. the neighbors who brought the case, they just don't like her. >> it was hard not to laugh, you know, but it was -- and it's humiliating to me to have to be here for something like this and to have it on the front page of the news. >> we don't really want to hear about it either. doggy deposits have become a part of neighborhood friction.

some apartment complexes are requesting dna swabs. if they leave something behind, they can retest it and figure out who done it. new information tonight about a counterproposal to instituting a curfew for teenagers. scott broom spent the day with the county council. he is here now with more. scott, curfew, no curfew, what's on the table? >> there's a big concern with the curfew that it could lead to racial profiling, for instance, so we have two council members today who said they have come up with a better idea. council members phil andrews and george proposed a different bill today that would prohibit loitering and prowling regardless of age or time of day. andrews told me there's a big difference between loitering and a curfew. >> and it shouldn't be based primarily on age. it should be based on behavior. and that's what the executive says he's trying to get at. this is a much better way to get at it. enter supporters of the curfew

blasted the loitering law. a spokesman saying quote, for those concerned about profiling, this bill, loitering bill, is practically an invitation to profiling. a loitering law gives police too much power to charge anyone they want for just about any reason. his police chief are standing by the curfew idea, especially since prince georges county and d.c. they both have curfew rules for teenagers and the police chief is concerned that draws kids to montgomery to make trouble late at night. >> and the definition of prowling. that seems like it's wide range. >> it sounds old school. >> if you hear some noise, here's a head's up. going to conduct a military exercise in the skies over the washington area. now this will take place tomorrow morning between 3:00 and 5:00 and you should know it will involve helicopters and planes. new at 6:00 tonight, where you may soon have to pay more

for gas in maryland. the state commission task was finding ways to raise more money, recommended a 5-cent increase in the gas tax. that would raise about $491 million a year. the proposal also calls for a 50% increase in vehicle registration fees and increases for vehicle emissions inspection fees and bus fares. >> coming up tonight at 7:00 and 9news now, an appeal to the federal government, please help us, trying to recover from the earthquake in august. what bob mcdonald wants tonight at 7:00. >> and till ahead in this half hour, a spectacular show in the skies above a majority of the country. we'll tell you what it was. >> a beautiful day. we'll put the numbers on. actually, it's about average. officially at national, 68. low is 49. average is 66 and 47. record high only 80 today. record low 31. we'll come back and talk more

about temperatures going up and big, big changes by the end of the week. but up next, drug away kicking and screaming. a look at the protest police broke up today coming up on 9news now. the best place for a vacation is mississippi. you mean louisiana. florida's where folk's want to be. alabama's got you all beat. no matter which state you choose, everyone agrees the gulf is vacation at it's best. mississippi outdoors,

louisiana seafood, florida beaches, alabama shoreline. so come on down to mississippi, louisiana, florida, alabama. the gulf is the world's goodtime headquarters. and we are 100% open for business.

for the first time in two weeks, the plaza in front of oakland city hall is cleared out tonight. but about 170 protesters did not go quietly. police arrested 75 of them this morning after being pelted with rocks, bottles, and utensils. officers did fire back tear gas, fortunately, nobody was seriously hurt. here in dc, the occupy protesters have a permit that lets them stay at the white house. people are taking part in similar protests in cities all around the world and on wall street, where all of this got started, protesters are turning to technology to avoid being

arrested or let others know where it happens. developed an app, called i'm getting arrested. it lets users write a text message in advance and if they are put under arrest, it's sent to a grown up of preprogram recipients with a touch of one button. a federal education department website accidentally sort of, well, layed bare the personal information as many as 5,000 college students. it happened earlier this month as the department made changes to its direct loan website. that exposure lasted just over one hour. now if your information was exposed, you have more than likely been notified and offered credit monitoring services. still to come, back in business in a big way. we'll take you to a local food pantry that was able to reopen doors after running out of money and food thanks to your generosity.

happy world puff today. there's a day for everything. this is the 16th year for the

worldwide celebration. it was created in 1995 at the end of the world's pasta conference which brought representatives from countries around the world to talk about consumption and exchange their ideas and experiences. pasta is one of the great food staples that most folks have in their kitchen, but for far too many of our neighbors, that's too hard to do. >> that's why we have been helping one local food pantry get back on its feet and you helped do that as well. >> our peggy fox back out in dumfries where the ax food pantry back open today. we are talking about an outpouring from the community. >> reporter: oh, it has been incredible, anita. they are in their second session right now of getting out groceries to needy people. they were able to reopen today after that outpouring of support. in one week, they raised $120,000 and 30,000 pounds of food.

>> we have a family size, usda. yes on milk, yes on eggs. yes on cereal. >> after a week of being shut down, the ax food pantry came to life at 1:00. >> it's great. i think it's great. i feel so bad that there wasn't food for everybody to have when they needed it and i hope they will get it today. >> volunteers and staff squeeze by each other filling bags with bread, meat, milk, produce, in its first few hours after reopening, the pantry took nearly 100 people. >> my father is on a fixed income. he is retired military and i have no job. i have been looking for a job. just trying to make ends meet and i'm glad they opened the doors back up. >> every person in line requesting groceries, each one has fallen on tough times. they can't pay all the bills and need some help. >> we are able to provide them with the groceries they need. we can help free up money so they can use it for gas, so they can go to work, or they

can pay a utility bill so they don't have a disconnect notice. >> when i heard they were going to have food for us, i wanted to make sure i would get here. you know, because there's not too many places to go, you know, and luckily ax does help out here. >> reporter: now if you aren't from prince william county, you might be surprised to learn that ax is much more than a food pantry. they have a homeless shelter. they have safe houses. they provide financial assistance to very desperate people. it is really an umbrella organization that helps thousands of people here and now they are trying to come up with a new strategy to keep shelves from running bare and they are asking their donors to adopt a day, a thousand dollars takes care of what it would cost to give food to people that come in on one day. so that is what they are trying to do to line people up so they don't have this problem again.

now they are back on track and that's good news here. i'm peggy fox, back to you. >> vital place in the community, peg, thank you. well, a rare sight in our area sent people to facebook to ask our 9news weather team. what are we seeing? about 9:30 p.m. upon returning to virginia in the northern sky to the right of old rag mountain, the sky was a watch with red illuminations that would fade in and out. was this the northern lights? aurora, topper is here with the answer. >> it actually was. i wasn't sure last night, but i am sure today. we had a pretty good viewing back in 2003 and in fact, they were visible very far south and all the way down to arkansas and georgia. this is the video from michigan. this is last night, they could be seen more than half the u.s., including maryland, virginia, again georgia and arkansas. this is the closest picture we could find. this was taken in westchester, pennsylvania. if you caught a glimpse on camera closer to our area, well

share it with us. go to our facebook page and let us see it, please. >> what an incredible light show. >> because it was last night, doesn't mean it is coming back tonight. that's the problem. >> one and done. >> there was a big storm that blasted us yesterday at 2:00 p.m. and it created the northern lights. but look tonight, it's going to be clear, but no promise. >> promise the temperatures though, just on the cool side. nothing crazy. right now very comfortable. 66 still downtown. 63 in arlington. 60 in bethesda. mid 60s in rockville. but still this is a good deal temperature wise. satellite picture radar combined, we're going to zoom into the rockies. denver is going to get hammered with snow tomorrow and tomorrow night as are the mountains. but the second reason i'm zooming in is because the same system that could bring us a cold rain on saturday and perhaps bring snow to our mountains on saturday. in the meantime, we are clear,

clouds will come in tomorrow. but we're in good shape for the next 24 hours. so here's the deal. the next cold front is thursday. this will be a stronger front than what we saw last night. breezy and cool overnight. still mild tomorrow. you'll need your umbrella for thursday and breezy and cooler on friday. kind of signaling a little bit of a pattern change, if you will. for tonight, clear to partly cloudy. 46 to 52 and winds southwesterly at 10 to 15. so even thought cold front wasn't through last night, a couple sprinkles, not doing a lot. 47 tonight in gaithersburg and rockville. # 2 in arlington. 48 in bowie and 48 in fairfax and reston. tomorrow morning you'll need your sunglasses in the morning. 40s and 50s. winds increase southwest at 10 to 20 and gusty. and by afternoon, a perfectly nice day. not quite as picturesque as today. some clouds come in late. high temperatures around 70 and winds out of the southwest at

10 to 20 and a little bit on the gusty side. all right, next seven days, here comes showers on thursday. a slight chance of an isolated storm. primarily showers and 66. we're dry on friday, but cool. upper 50s. and saturday, there's a chance for some rain here. temperature was only around 50. it could go south of us and leave it in for now. either way, we salvage a nice sunday. 56 and a nice halloween. bright but brisk, low 60s next monday. trick or treating weather will be 50s and 40s if you're out late. >> it will be dry. we have little ones here, right? no getting in trouble. that's the welcome news. >> the unwelcome news is what is coming out of redskins park. >> this is jury stuff of a serious nature. one of the fan favorites. also the news not great at maryland either. the terrapins and redskins have a lot in common. both have quarterback questions. brown or o'brian. who lines up when the terps

host. you thought the news was bad after sunday's game, wait until you hear the latest coming out of redskins park. next.

for a great vacation you can't beat mississippi. sure you can, it's called louisiana. hang on, florida's where folk's want to be. that's only until they get a taste of alabama hospitality. we can't agree on which state's best, but we can agree on one thing, wherever you vacation in the gulf, you'll have a great time. great seafood, beautiful beaches and fun for the whole family. we've got intimate bed and breakfast right on the water. cafe's with views of the gulf. go blue water fishing, ride a kayak, or just enjoy the world's best weather and soak up the world's best sun. we've gone all out to make this year the best ever. and we are 100% open for business. you mean 100% open for fun. here in the best part of the gulf. louisiana, florida, alabama, mississippi. this could go on for a while.

welcome back. you saw it coming, but it shocks the system when you hear it. there's no words to describe chris cooley. reliable and durable. up until this season. his knee has never really recovered when he broke his hand a couple weeks ago.

the redskins place the fan favorite on the injured reserve list. cooley has been putting it out all year. now the question is the future. playing a larger role in the offense now. he's a free agent at the end of the season. that's going it be talked about a lot in the coming months. who is playing quarterback in college park? danny o'brian was the man. then he fell off and georgia tech gain. he has the queen right there against florida state. so brown replaced o'brian, then o'brian replaced brown. we might play both on saturday. i don't know. you know, we'll see how the week goes. >> you know -- >> i found out who i am. i'm going to bounce back and the lineman and the guys have a lot of faith in me and i have faith in them.

we are going to try to get back. >> we shall see. telling 9sports that west virginia has been extended and offered to join the big 12. the acc will like the mountaineers to join its conference which would make sense, but there's four acc schools against that expansion, according to that same source. conversations between west virginia athletic director and acc commissioner occurred over the weekend. saying the mountaineers are ready to make a move. baseball manager ready to replace his managers, happens every night, right? technology has come a long way. it's hard to drown out background noise. a baby screaming, no, how about 50,000 fans? that was the case last night. cardinals skipped tony la russa called 10, the coach didn't hear the instructions. the closer didn't get up until it was too late. lost phones, noise, bad combination. >> stuff that went on in the

bullpen. that is miscommunication. and in the end, that comes on the coach or the manager. it's my fault. and i am not going to dodge that. >> here are our choices for the game of the week. in the district, versus hd woodson. st. mary, vote at dc.highschoolsports.net. tonight we are going to have nba lockout. he has been there with the negotiations. we'll break it down for the folks. >> that's the main question. are we going to have one? >> it's hard for a lot of us to understand. >> we'll break that down. >> okay, that is it for us. cbs evening news is next. >> that's right, and derek is back with your only local newscast at 7:00. don't forget to get up bright and early.

at 4:25 a.m. and as always, wusa9.com.