dragged away by officers, putting an end to this incident. >> there were many witnesses. the quick work by the police department. how many times do you see this when no one is in victory? >> reporter: but prior to the arrest there was tension and confusion. >> you have five seconds to move on or go somewhere else. >> reporter: 9news was inside the mall as scared shoppers and employees scrambled to get out shortly after noon today. police began coming through the shopping center looking for the suspect and any evidence of additional explosives left behind. just as we wering the images, the mall security kicked us out. >> you cannot be in front of the mall with the cameras. >> reporter: the man launched a bottle with what smelled like gasoline from a third-floor balcony on to the food court. >> yes, it reeked of gasoline. it was very strong and powerful smells. and there is class everywhere. a lot of people, they were pointing up, you know, towards the door. and they were just looking up

pointing. >> reporter: later they found three more of the same devices. >> and people were still coming to get lunch. it was packed with the smell of gas or oil. it smell like oil to me. i said this is a little strange. the safest thing is to go out and leave. >> reporter: the devices were described by shoppers as cocktails were never ignited. no one was hurt. the scare set off a massive response prompting the mall to go into a lockdown mode. and the mall, it is open now. again, the normalcy is trying to resume here at the ballston common mall. the suspect is still in custody tonight. federal and local investigators are all asking the same questions, why did he do this? a question still unanswered. we are live in ballston, ken molestina, 9news. >> all right, thank you. they could get married legally in six states and washington, d.c. and tonight a federal appeal's court is giving same-sex couples hope that the federal law denying them that right might fall.

this is the sect coward in the nation to rule that it is unconstitutional. the 1996 law defines marriage between a man and a woman. the u.s. supreme court is expected to ultimately decide this issue. and now we all know that the same-sex marriage will be on the ballot this november in maryland. and scott broom will have more on that side of the story. >> reporter: maryland voters will get to decide the same-sex marriage question here on the question 6 ballot. new polling from the washington post shows marylanders in favor of the same-sex marriage by a margin of52-43. the heaviest opposition remains in churches. and among african americans. >> it is a matter of fairness and a matter of equality. >> reporter: today, supporters of gay marriage put the focus on religion by rolling out religious leaders of all kinds. >> we see this about justice and equality. and really this is about fairness. >> reporter: whos gay marriage and question 6. >> and it is important to remember that the civil marriage protection act, strongly preserves the

religious freedom. >> there is nothing in the civil marriage protection act that will force any individual clergy person to perform the same-sex marriage if it is against their practices. >> but the majority of the religious leaders here in the state and the marriage alliance, which fighting question 6. the organization is supported by 14 -- by 1,400 maryland churches. they had 15,000 members or more. >> marriage should be defined between what? >> there you go. >> reporter: the pastors have energized the opposition at rallies like this one in annapolis early this year. >> we don't want their protection. they have not been to our churches. and they don't know how that works. and they don't know our god. >> reporter: in silver springs, 9news now. >> and now the religious opponents of question 6 are

also planning a church wide awakening prayer service on saturday. and this saturday before election day that is. one of the hottest races in maryland is for the 6th district congressional seat. the republican incumbent is facing a pretty stiff challenge from the democratic businessman. both candidates, they will join me in the studios for a great conversation about the issues at hand. that will be next tuesday at 7:00 p.m. and in about one hour, the two men that are vying for retiree senator's seat will be holding their final debates. the former governors, they will take the stage at virginia tech 7:00 and you can watch it live on our website, wusa9.com. we'll have more on that debate and what goes down tonight at 11:00. we've got breaking news out of richmond, virginia. the state health commissioner has quit, quit over controversial new rules governing the abortion clinics. those rules were adopted just last month by the board of health, requiring the existing abortion clinics to meet the same construction standards as

brand new hospitals. abortion rights advocates say that it will show a costly standard, forcing many clinics out of business altogether. guess who is not following the law called the americans with disabilities act. the gang that passed that law. congress. and the violations, they all spilled out in a new workplace office of compliance. the report says that the sidewalks surrounding all three office buildings will be overwhelmingly not in line with the american for disability acts. bad news for anybody that uses a wheelchair. also in the report, a jump of the number of reported cases of the alleged discrimination involving the congressional employees. well, the 9 weather team is issuing a code yellow alert as they track the potential for the hefty storms tonight. we'll get to topper with the latest on that. >> reporter: good news is that most folks will be getting home tonight before anything heavy rolls on in. pretty heavy activa out -- activity out of the mountains here and stretching back on into eastern sections of west virginia. so we are just a few hours away

from these rolling on through. but i'll tell you what. a lot of lightning in them and you'll notice the colors, they are red and orange. pretty hefty especially for this time of the year and this day. we'll come back and track these for you as they roll through the metro area and let you know if they are going to linger into friday morning's commute. and now to an update on the trail that we will be following of two prince george's county police officers, accused of beating a student at the university of maryland. >> reporter: the second of two police officers accused of assaulting a university of maryland student testified today in his own defense. responding to questions asked by his attorney, the officer james harrison said he was initially concerned by john mckenna's, "bizarre behavior." as the university of maryland student walked down the street, waving his arms during the rockets celebration of maryland's victory over duke on march 3, 2010. officer harrison said he began hitting mckenna with his baton after seeing him punch officer

regional baker in the head with a clinched fist. the fist containing what officer harrison claimed he thought could have been a weapon. which he later learned, it was just a cell phone. he said that he continued hitting him because he refused to drop what was in his hand. despite being ordered to do so. but under cross-examination, harrison could not fully explain why he made little attempt to see what was actually in mckenna's hand after he and officer baker stopped hitting him. 9news now. well, two women, one hidden camera, and a pervert is on the loose. oh, that's not a good combination. coming up tonight at 7:00, the disturbing video setting up their secret surveillance inside the victim's condo. >> that's creepy. we'll see you at 7:00, derek. still to come in this half hour of 9news. topper said it earlier, our days of 90-degree temperatures are done this year. but will we see a lot of that on winter? why the several weather watches are saying they are not sure. but first, a big boost that one candidate could be getting

on the campaign trial while the other heads back to our area. we'll be right back.

president obama spoke at a rally in manchester, new hampshire. he did not have a public schedule, but his running mate did hold a rally in florida. president obama is set to return to battleground virginia tomorrow. as he is due to hold a rally at george mason university on

friday morning at 8:45. the reverend has met with every u.s. president dating back to harry truman. the 93-year-old might be signaling for report from mitt romney. after meeting grah at his north carolina home last week, the reverend's website removed a reference to mormonism as we know he is of the mormon faith. no matter who you are voting for come november, you're running out of time to make sure that you're registered. tomorrow is the deadline to do so in the district, but at this point you can only do so in person at the city's board of elections office. the deadlines to register in maryland and virginia have already passed. we've got more on voter registrations at wusa9.com. click on campaign 2012. still ahead tonight, 40 years to the day congressman acted the clean act. we'll take a look at the impact on the local rivers.

in 1969, the river caught fire, mainly from all the pollution in the waters. that helped spark the environmental movement that came up with the passage of the clean water act 40 years ago today. our erica road takes a look at how the local water ways have

benefited since that time. >> reporter: the potomac river is an inviting spot for boating, fishing, or just taking a stroll in the d.c. area. but it was not always this way. 40 years ago when the clean water act was passed by congress, the river was in pretty rough shape. >> the potomac river here in d.c. smelled bad, looked bad as people tried to get away from it. and the president called it a national disgrace. and now it is just beautiful. >> reporter: the clean water act made it illegal to dump in the. giving them the authority to regulate dumping by factors and the other types of the industry. the goal was to restore the water around the country that were no longer suitable for fishing or swimming. they have steadily improved ever since. and you can find the people hoping to get a bite every fishing season. >> these are those that will swim along the channels. and that if you are fortunate, then they are not just

volunteered to be caught. >> reporter: on this anniversary of the clean water act. the epa is launching a new mobile app that is called how is my water way? with the new water way app, you can check out the conditions on any of the local water ways. find out about the pollution before you go out and play. the clean water act will also be about bringing people together to clean up the water ways that they love. so the people could help in a lot of ways. check to see how clean the water will be for you on the new how is my water way app. >> reporter: not only do they give you information about the wetlands, but you can get involved in the efforts. you can find the app by visiting the epa's web. along the potomac river, 9news. could we be in for another snow mageggedon? no. everything is predictable. that's us. they will show you what will be

an el nino year and stop at something they have never seen before. now they don't know what to expect as they do expect it to be drier this winter and that the southeast to be wetter. >> if you want snow, then that could happen for you want >> okay. >> and 2009 and 2010. >> yeah, i'll remember that. >> but no one really knows. it's not before that. and oh it will be blizzards and that they will tend to bring a little more precipitation your way. not cold. and that you'll need to bring more of a precipitation on the way in the form of snow. we'll start with a live look outside. the clouds will be here for you. of us are getting home before the rain hits. if you're down with a couple of showers. still 68. that the a pretty good deal. winds are out of the southeast at 14. the pressure is steady and the dew points in the mid-50s. and that should tell you tonight downtown. that we're going to stay in the

50s. a pretty mild night ahead. that's the radar. pretty big storms. really from morgan down through western maryland now that will be going up through maryland just north of oakland. then down towards this area. that's what will peel off to the north for us tonight as we do have the minor showers. just light showers out there and back into stafford county. but this is by far the heaviest activity. i think that we're still just a few hours away from the immediate metro area to anything that will be heavy. 68 in rockville. 67 in great falls. 67 for you as well in fairfax and as well as berkment. we're looking at 68 in college park and 66 in bowie. so a yellow alert for you overnight. the morning commute could be wet. lingering especially i-95 eastward. evening commute will be dry and warmer tomorrow than what it was today. all right, we will advance the future cast for you here as you can see the showers and

thunderstorms now. they move pretty quickly to the east. and the best chance for the storms will be overnight and early tomorrow morning. anita? >> thank you, topper. right back to the breaking news. the accident involving the police officer at the intersection of branch avenue in clinton. a news conference is underway. >> yes, it is the road here with a second vehicle, an suv, operated by a female. and that female was injured, taken to prince george's county hospital with non-life threatening injuries. as a result of the collision, the officer and their cruiser was forced into a utility poll at the intersection. he was transported here to the hospital. where he needs to come up with his injuries. and this is the second death in two months to the traffic accidents. and i just asked the community to please keep for everyone, please keep the police

department and this community in your prayers, thank you. good evening everyone. and on behalf of the county executive, this is a sad day in prince george's county and the police department. and another officer. it's not an easy day, but we want to express our sympathy to the families, to the police department. we hope that you will give us time to get to the investigation. and also to the family process. so on behalf of the county, we're expressing our sympathy to the family. >> i'm just going to reiterate what the police said that this

is a tragedy. it's unfortunate, very sad. yet again in the past two months we have lost another officer, all my members, they are basically hurting, trying to heal through the process, trying to wrap their heads around. what took place and to get an understanding of how this might have happened and that i simply ask that the community keep them there and the officers here. if you have not seen them, then just pay your respects and to see them all. as we just ask you to keep them in your thoughts and prayers. thank you. >> the investigation is ongoing. i'll try to answer as i can for you. he was off duty, i'm sorry.

off duty. >> i don't know, he was northbound on the avenue and he was off duty. there was a collision at the intersection of what we know. we're interviewing witnesses at the time. the reconstructions, they are recreating the accidents. we'll have more information for you, specific information tomorrow and the next day. but as of right now, it is preliminary. >> it is very possible. we have witnesses saying that he was cut off. but we're not at a point to say that is what caused the accident, but we are certainly looking into it. >> it's been on six years as a sign of district four. 28 years old is the finals.

>> what i know is that he has a 10-year-old son and a 4-year- old daughter. their family is here. he was off duty. off duty. >> absolutely. it started at 1:00 in the afternoon and this occurred around 3:05, but we have a take- home car program, which he was a part of. for him to be in it off duty is completely natural. thank you. >> we've been listening to a somber press conference. the loss of another prince's county police officer in that very violent commission. you can see the pictures from

sky 9. the damage done to the officer's cruiser, a 6-year veteran of the force. 28 years old, a father of two 10-year-old children, a 4-year- old child and obviously the entire department and the community in clinton, maryland is grieving tonight. okay, a very abrupt change in tone. now we're talking about rg3. >> yes, we'll talk about sports. this is not minnesota coming up, posing problems for them. they know how to take on the quarterback. stopping them many times before rg3, of course, all the rage, especially after carving up the vikings for them last week. and they will be talking a little smack here for them. and they will say not to bring that up to my side. so i guess that this week, it will be game on. >> both these teams have played each other a bunch. the coaches know each other

pretty well. so it will be fun. >> we'll go on out there for them as they are in our division. it is more like nobody is in our position, trying to win all the games that you can. it is limited. >> all right, we'll talk about ravens as they need some good news. this would be it. it will be limited in nature and the years here in their off season that means you're a year off. but what they are bucking to get back here early as they want to be smart about the rehab. >> you want to be out there with your brothers, especially when you lose. you know, your big brother. it's always going to be there, but at the end of the day, you need to do what will be best for you, you know, not only for myself, but for the team. >> all right, time to rebuild the latest game of the week. 12,000 voters thus far. i'm trying to get it up to 25,000 before the end of tonight. there are your games right there. among the many to go to u.s. today, the high school sports.

basketball season already. wow. and the head coach, he probably won't admit it, but he is probably hoping that the fellow coaches would rank their teams 11th in the pre-season pole. remember that's what happened last season as they made it to the sweet 16. and this year their pre-season ranked only number5. [ laughter ] in the big east, despite losing the likes of them. and to the nba as they lost a lot on offense as they will be focusing on defense. >> last year we were a pretty good defensive team. and i think that if we need to focus on that end of the court that the defense, they will be in the defensive end of the court, which is what we have in placing the emphasis. the offensive end, they would fall in place. >> all right, finally you knew this was coming. the first play of the season. rg3 throwing that ball. of course at the end of it, with his hand up.

and of course as a t-shirt now. so i've got to find me one of these t-shirts. that's what i will do to try to find those t-shirts. >> yes, get one for all of us. we would like that. that's it for 9news at 6:00. derek is back at 7:00. we have had so much breaking news to talk about. we'll have updates for you at 7:00. don't forget to join our morning team as well at 4:25 a.m. as we are always on wusa9.com. good night.