right now the majority of abortion clinics all across virginia could be forced to shut down. plus, topper is tracking rain that may impact both your commutes come tomorrow. i believe that anybody and everyone has the right to question the police. >> but first tonight, he saw metro cops body slam a man in a wheelchair. when he asked why, they arrested

him. well, now that witness is fighting back. this is 9news now. fighting back with a lawsuit for slamming his first amendment rights as well. >> that witness says police had no right to arrest him simply for questioning their behavior. in a story you'll only see on 9. gary nurenberg talks with the man earlier this evening. >> reporter: saying it does not talk about pending litigation, metro would not provide anyone to talk about the case. when it happened last may, the transit agency put out a statement saying the man in the wheelchair "resisted arrest which resulted in him falling out of his wheelchair". this is how he fell out of his wheelchair. metro said he was arrested for resisting arrest and assaulting a police officer after being accused of drinking in public and failing to move on. police told witnesses to move on. >> move on. come on. >> move on. >> reporter: but onlookers questioned policer . one on looker in particular.

>> i simply said something. what are you doing to this man. he's bleeding. help him. and i was told to leave. if i don't leave, i'll be arrested. i threw my hands up in this motion, threw my hands up and i turned my back and walk away. at that point i was arrested. >> reporter: what were you charged with ? >> i was charged with insighting violence, assaulting a police officer, disturbing the peace, and all of these charges were dropped. >> reporter: the charges against the man in the wheelchair were dropped as well. metro conducted an internal investigation of the two officers who were involved in the incident here. but when the u.s. attorney declined to prosecute, those officers were returned to full duty. >> mr. miller is innocent of any criminal activity. and he was arrested falsely by police. we think it was because he spoke up. first amendment to the constitution protects freedom of expression, and that's what was

happening on the sidewalk. the right is well established. it just has to be reemphasized over and over every year, every decade. >> i believe that anybody and everyone has the right to question the police about what they're doing. everyone has the right to ask what are you doing, why are you doing this. >> reporter: it is for the ac aclu a basic first amendment case. in a free society getting arrested for expressing yourself for questioning authority in a public sidewalk is a basic violation of freedom of expression protected by the constitution. now, is that what happened? as we said, metro won't comment. the answer will come in a court of law. derek. >> thank you, gary. if you looked outside, you probably noticed the ground is with the. there has been a bit of rain. is there more to come, top? >> yes. do not leave home without your umbrella tomorrow. nothing really heavy. bad news, a wet morning commute. let's start with temperatures, because if it were a little

colder, not so much at the surface, temperatures are in the upper 30s to around 40 and in some cases as high as it's been so far. 40s downtown. upper 30s in gaithersburg up towards frederick and even the low 40s down towards fredericksburg. so there is only one pocket of area just right around freezing right around cumberland, and that's the only problem we have. here is live doppler 9000. this is the batch that rolled through. it's already across the bay. we do have light rain and showers up towards frederick and some more activity back towards the west. so we're not done just yet. wakeup weather 30s to start. kind of chilly. 30s by 7:00. 33-34 at 9:00 a.m. with light rain and showers. a wet commute. we'll come back, though, and talk about what could be a strong finish to the day and tell you when winter will make a comeback. >> thank you, topper. new at 11:00, a child in custody for a triple stabbing. that according to the greene county sheriff's office. neighbors say the suspect is

only five years old. we can't get that one confirmed from those investigators. now, it all happened this afternoon along shady grove road in virginia. deputies say the kid stabbed two victims and one adult victim with an edged weapon. those victims were rushed to the university of virginia medical center. none of the injuries are considered life-threatening. she's a heavyweight for the abortion clinic. she is a pioneer in the pro choice movement. our ken molestina is live. the fight in virginia is entering a whole new round. >> reporter: merl hoffman is the owner of choice clinics. it's one of the largest abortion clinics in the country. now hoffman is joining in on a fight she says is simply not fair. the new law now in effect would force clinics to become an ambulatory service center. it's the equivalent of turning

the doctor's office into a hospital. >> i think it's an example of an elephant swatting a fly. >> reporter: she has joined forces with the clinic and its owner. >> i absolutely think it's ridiculously unnecessary. i think it's putting women's health at danger. >> reporter: according to the new law, abortion clinics will have to undergo major administrative and physical changes. among other things, hallways will need to be widened, rooms made bigger and oxygen circulated throughout to name a few. those in favor of the new law say it's in efforts to regulate what they're calling the most unregulated medical procedure in the country. >> the commonwealth of virginia is saying if a facility that performs abortions needs to meet the same standards in health care and the same minimal requirements that other ambulatory clinics. >> reporter: she strongly agrees with the ruling made by the legislature. >> we don't think abortion should be performed. as long as it's legal in this

country, then why not -- why would women not want a clean clinic. >> reporter: however, pro choice advocates at buying the argument that women's clinics aren't safe and they're claiming the state is attacking them because many won't be able to conform to the guidelines. >> we hope to effect that permanent regulation such that they will be reasonable and appropriate. >> reporter: and just so you know, the 38th anniversary of row versus wade, the landmark case that legalized abortions in this country is this coming sunday. as for the owner of this clinic out here in falls church, she says she won't know if she can stay in business until march. at that time she's going to fight for a license and have an architect get plans for the facility. >> thank you, ken. a push on social media again. dozens of angry, even threatening messages are being posted on a facebook page for comments about abortion and handicap children.

>> the number of children who are born subsequent to an abortion increases handicaps. why? >> the video is nearly two years old and was posted by planned parenthood advocates of virginia. he should have said it was a natural consequence instead of nature's vengeance. the republicans helping to be their party's candidate squared off one against tonight. this time it was in south carolina. matt jablow joins us now to tell us how it all went. matt. >> reporter: derek, it was supposed to be a debate between six republican candidates but earlier it was reduced to five when jon huntsman pulled out of the race. after a campaign marked only by a steady drop in the polls, jon huntsman, the former utah

governor and u.s. ambassador to china, today dropped out of the race. >> today our campaign for the presidency ends, but our campaign to build a better and more trustworthy america continues. >> reporter: on his way off the stage, at least for now, he threw his support behind mitt romney and then urged all five remaining republican candidates to stop attacking each other. >> he voted against rights to work. >> reporter: a request that was clearly ignored almost as soon as the debate began with most of the attacks directed at romney. >> mitt, we need for you to release your income tax so the people of this country can see -- >> governor romney, as governors raise taxes and massachusetts was 47th in job creation. >> reporter: eventually the personal attacks subsided and the candidates then discussed a wide range of topics during the debate. everything from u.s. military

complex to the country's immigration policy. candidates will debate once again on thursday in south carolina. south carolina voters head to the polls on saturday. anita and derek. >> matt jablow, thank you. why? that is the question so many are asking tonight after a newborn baby's lifeless body was found on a frigid concrete step outside a home in dc. >> the baby was like so cold. like icy cold. the eyes was not opening. >> this man found the child last night in the 3,000-block of channing street northeast. he was walking back to his house just a few doors down when he saw the baby girl. after calling 911, he brought the infant into his home, tried to perform cpr. emergency crews then took the child to children's hospital where she later died. the whole ordeal has shaken everyone involved. >> we know somebody families who would love a child, any child.

and it's just heart-breaking. i don't know. we're just pretty torn up about it. >> now, dc does have a safe haven law which allows anyone to drop off a child at a safe place, such as a police station, firehouse or medical facility if they cannot care for that child. maryland and virginia have similar laws in place. investigators are now waiting for the results of an autopsy to determine the exact cause of death. if you have any information about what happened to this baby, call dc police. evil and possibly a sociopath. that's how police describe kevin darnell ray, the man investigators say is behind three violent home invasions in montgomery and prince george's county. he bound six victims with zip ties, the youngest just seven days old, and sexually assaulted him. before that he tied up a mother and son and sexually assaulted the cleaning lady. during a news conference today,

his aunt showed up looking for answers saying the cold hearted person police are describing is not the nephew she knows. >> i would just like to know what you have. do you know what i'm saying. is he guilty of this? >> in the bethesda attack, police first said there are two suspects and then corrected it and said there was just one. and today they were back to two suspects but they refuse to offer any details about the second person. ray is no stranger to the law. before today's arrest, he did 18 years in prison for manslaughter and he is on the maryland sex offender registry. still to come, talk about a close call. how a local couple got off the sunken cruise liner without a scratch. plus a crash that claimed the life of a little boy. we'll have more. stay with us. look! here she comes!

♪ she'll be comin' 'round the mountain when she comes... ♪ ♪ when she comes. ♪ it'll be spinning new chrome wheels when it comes. ♪ ♪ when it comes. ♪ custom spoiler, race grade pistons, ♪ ♪ gt35 turbo charger. ♪ and they'll all know that it's kevin's awesome car. ♪ bought em! ( clears throat ) sorry. when it's on your mind, it's on ebay. a man accused of driving drunk sits in jail while the child he struck with his car is in the morgue. the deadly accident happened near landmark mall in alexandria yesterday in the middle of the afternoon. 8-year-old brian hernandez chavez was walking with his mom along a sidewalk when a car came barreling towards them. police say the driver,

22-year-old victor aldana jumped the curb and hit him. the little boy died at the scene while his mother survived. >> losing an 8-year-old child would be so traumatic. i can't imagine what that would be like. >> aldana is charged with dui and reckless driving. he did not have a license. he is now being held without bond. only on 9, a virginia couple who got off a cruise ship just one day before it ran aground is talking. >> it's surreal. you don't really expect to see the boat you just stepped off of halfway under water. >> three days ago, emily and leonard piton were on the cruise liner. they got off when the ship docked in rome friday. then hours later it crashed into say reef off the coast. 6 people died. at least 29 passengers are still missing, including another american couple. this one from minnesota. this couple says while they were on the ship, there were some

signs of trouble if anything were to go wrong. >> a few of them had mentioned that they were underemployed, overworked, long hours. if there is a lesson to be learned, it's to understand your crew's rules and pay more attention to the drills. because you really never know what could happen. >> that couple now safely at home in alexandria cannot stop staring at this picture. emily and the captain holding a pink cocktail. the captain miscalculated and didn't follow an authorized route. now he's facing several charges, including manslaughter and abandoning ship. this martin luther king, jr. day, people here in the dc area and across the nation honored the slain civil rights leader by participating in community service all day long. president obama and the first family joined other volunteers working at the brown education campus in northeast dc. the president helped build some book shelves in the school's library and painted mlk quotes

on the walls. this is the third year in a row the obamas have volunteered on martin luther king, jr. holiday. today also marked the first time the new king memorial has been opened to the public. a wreath laying ceremony took place at the foot of the stone of hope. among those attending the ceremony, the mayor and reverend al sharpton. on the day when so many remembered king, derek says dr. king had another side that may well be even morell vant to this current -- more relevant to this current situation. >> everybody remembers the march on washington, but how much do you know about dr. king's poor people campaign. he spent the last years of his life trying to build a campaign for economic justice. a campaign that never really got off the ground. king once said this "it's not only poverty that torments the negro. it is a misery generated by the

gulf between the a flun see in the -- affluency in the mass media". >> if he was still around today, he would still consider himself the spokesman for the 99%. and while americans rightly loved king for rightly fighting, king himself would have hated that what seems to matter more these days is the content of your bank account and that the gap between rich and poor is now far wider than any racial divide. king once said this, true compassion is more than flinging a coin to a beggar. it comes to see that an adipos e needs restructure. not many were willing to listen. anita. >> derek, thank you. okay. >> well, rain, not snow. >> snow. >> there is the silver lining. >> that's right. it's getting milder. >> yes. well, it is through tomorrow anyway. and then we have to go back to winter. but 50s tomorrow. we cannot complain.

let's have a live look out a the our weather -- at our weather camera. we see the flags are kind of waving in the breeze but it's a mild breeze which is kind of nice. it's keeping temperatures up. winds out of the southwest. they're going to get even stronger as we go through the night. temps 40. dew point 31. if you're with us earlier, the dew points were in the teens and the temperature was already in the 30s. so they have pretty much leveled off. i don't think the temps are going to fall much more. live doppler 9000. you can access this on our website and you also should download our weather app. just go to the weather app store. this is the first batch of rain that rolled through but there is still light rain and showers primarily up 270. west of i81 a little growing area of rain. now, we'll put this into motion. what is going to happen in the next hour or so, nothing really gets heavy. but it's going to keep the roads wet overnight. and it's going to make for a wet commute. but nothing heavy overnight in

terms of rainfall. let's talk about breezy and milder conditions tomorrow. there is your silver lining. no doubt about that. wet morning commute. we have to give and take. grab the umbrella for the morning or afternoon. i think we're going to have a pretty nice tomorrow afternoon. rain should end early tuesday afternoon. should even see some breaks in the clouds and temperatures going back into the mid 50s. so at 6:15 in the morning showers in parts of the district. again, nothing heavy. now, we'll put this into motion. we see some showers roll through. most everything is through by 12:00, 1:00. and we're looking at wet roads certainly through the lunch hour. then we get kind of a break. we may close the day with some showers, especially up towards fredericksburg and gaithersburg and leesburg. after that we begin to clear and cold air will return to the mountains. good news for them. most of wednesday morning snow and possibly all day on

wednesday. so overnight mostly cloudy, breezy, not as cold. light rain by dawn again. low temps in the 30s. tomorrow morning cloudy, breezy and chilly with rain and showers. 30s and 40s. winds still southwest 10-15. by afternoon we're going to see some breaks in the clouds. some showers are still possible, but breezy and mild. highs near 55. winds increase southwesterly at 10-20 and gusty. all right. let's break it down. 30s to start with some light rain. 48-53. still some showers at noon. a couple of breaks. and then by evening, we may close the day with some showers. but i think temperatures 50-55 by evening. we'll see a little bit of sun. next three days, winter returns on wednesday. back to 40. it's dry. maybe a flurry or a snow shower on thursday. temperatures even colder. back in the middle 30s. next seven days, it stays cold friday. temperatures in the upper 30s. upper 30s on saturday. we could see a little mixture as we go through the weekend. maybe some light rain or snow on saturday.

but look at this. next monday, next sunday, in the 50s. >> again. >> low 50s. >> uh-huh. >> it just doesn't seem like january. >> no. >> no. >> but it does. >> it does feel like football weather. >> yes, it does. >> that's for sure. and the ravens are going to foxborough so we're assuming it's going to be a lot colder this weekend. >> a little bit. but not crazy cold. >> that's good. it's good for both teams. the ravens advance to the afc championship. and then the classic quote. find out what he thinks about the next opponent. plus the wizards still looking for win number two. find out why flip wasn't too happy with his team today. that's coming up next in sports. plap

now 9 sports with kristen berset. >> the bault more raches just -- baltimore ravens just one game away. they now head to foxborough to face the patriots. they have serious work to do on offense. the ravens were outthrown by houston. but it was their ability to capitalize on two turnovers and then an interception in the final seconds that sealed their fate. sunday's matchup against tom brady will be a slash of styles.

>> tom brady is good looking. they are a good looking team. and we're not a good looking team. so we play football. >> all right. the afc championship between the ravens and patriots. it's the early game sunday. kickoff at 3:00. first meeting of these two for the season. you can see it right here on wusa9. the washington wizards got the first win but it's the second one that is proving more elusive. trying to get it more today in a special matinie for the mlk holiday. ♪ music >> a nice job. a little nice ceremony before the game. we pick this up in the third. john waldon for the highlight dunk. the wizards pull within 4. a dunk. they go up 14 and the wizards can't catch up.

they lose 114-106. and after the game, flip not happy about mcgee's antics. >> i told him it's unacceptable. maybe i'm too old school. but save that for the all star game. not during games. we have some players that look for highlights rather than substance. >> all right. more bad news for capitals defense man mike green. he is scheduled to have abdominal surgery tomorrow and will be out 4-6 weeks. he injured his groin in early november and has only played 10 games so far this season. lady terps in action tonight hosting virginia. they kept the terps alive in this one. 20 points on the night. five assists as maryland squeaks by virginia 68-61. some mlk high school hoops. paterson from baltimore. final seconds off the mitt. watch this. a nice 3 at the buzzer. chris jenkins 26 points tonight.

they win 75-73. and finally coolidge out of virginia. coolidge showing their speed on the fast break to cumberland who gets the jam. coolidge holds on to win 62-55. lots of great high school games today. >> these kids blow me away.

. that's our broadcast for this evening. letterman is next. good night and stay dry. the decision was made - we were making a move.

we had to. we knew that if we came in too high, it would cost us big time. we had to stay low. and boy did we. we locked it in and rode that low rate from navy federal credit union all the way to our first house. it's a split-level ranch. so cute! 3 1/2 million members. 3 1/2 million stories. navy federal credit union.