november 2011, the same day she was featured on an episode of the people' s court with ex- fiance dale smith the father of their twin seven-year-olds. to this day, smith remains a suspect, but uncharged. it' s agony and it' s total torture everyday. it gets to the point where you accept that this has happened but you' re hopeful that things will come the right way some day. stewart' s attorney was in court fighting to force smith to give sworn testimony smith' s attorney said that would simply discredit >> and so i think it would be unfair and unjust to have that all out there in the public air waves. but stewart' s attorney and the judge agreed, smith has no legal right to avoid testifying. that means smith will have to answer questions or invoke his 5th amendment right not to incriminate himself. in a civil case, you can infer certain things from the exercise of the fifth amendment right. it' s not yet known if the deposition will be video recorded and, if so, if any or all will be sealed. as the negligence case moves forward there is another civil case brought by yvonne stewart against da

dale smith, not answering any questions as to what happened to ex-fiancee michelle parker. the mother of three who went missing back in 2011 right after she and smith appeared on an episode of the people's court. ever since then, smith has been the main suspect but never charged. and ever since, parker's mom has wanted answers to those questions. >> maybe one day the truth will come out and we'll be able to find michelle and we'll know what happened. >> reporter: so she's suing for smith's attorney asking the judge if he could skip out on testifying, saying he's going to plead the 5th, no matter what. however, a judge said no, saying smith has to answer to every question, even if he uses his right to remain silent. and parker's parents' attorney, belvin perry, plans to ask those questions on camera. >> you cannot judge a person's demeanor, their tone, their reaction on a cold transcript. a video deposition gives you the advantage of being able to look at a person and judge their credibility or lack of credibility. >> reporter: which is exactly why the attorney plans to file

. >> lisa: dale smith must take part in a deposition according to a judge. here's more on what that means. >> reporter: dale smith has not officially been charged in the death or disappearance of michelle parker. he's still a main suspect. his attorney says testifying in this civil case could come back to haunt him in the future. still, michelle's parents are here saying they're fighting for the answers. come out and we'll be able to find michelle and we'll know what happened. >> reporter: yvonne stewart is still holding on in the fight to find her daughter, michelle parker, last seen alive in 2011. right after she and her ex fiance dale smith were seen on an episode of people's court. smith has been a main suspect, but never charged. parker's mother is seeking the answers another way, filing a lawsuit against smith for negligence. but smith's attorney says his client is staying silent. >> he has the fifth amendment. that's the whole purpose. this is america. >> reporter: the attorney asking a judge today if his client could skip out on testifying. but a jud

parents want dale smith to talk under oath about her disappearance. 30-year-old parker last seen alive dropping children off at his home back in 2011. smith denies wrongdoing. that hearing set for 1:30 this afternoon. spring has sprung in central florida. maybe you noticed a change at the gas pump. >> anchor: i saw it indeed. prices jumped a quarter in the last few weeks. johny fernandez shows us why there is no relief. >> reporter: if you are at the gas station you maybe noticed gas prices went up a quarter last few weeks. trend may continue. >> i wish it could go back to 90 cents 9 cents a gallon. have but probably will not see. according to aa in florida we pay more than national average. national average for a gallon of regular gas is under $2. and at $1.98. in florida regular is at $2.03. and if you hit up a gas station here in orlando, well, you will be paying $2.01 for a gallon. titus just moved here from new jersey and said he is not complaining about the spike. >> i remember a couple of years back we saw three, $4, almost $4 in gas. so i am happy we have not reached those leve

it's torture every day. >> those answers evan stewart said lie with dale smith. >> i think dale needs to answer our questions. >> do you think if he didn't have anything to hide he wouldn't be pleading the fifth? >> yes. >> parker dropped a you have er -- dropped her kids off with her ex-fiancee in 2011 and have not been since seen. smith has not cooperated with police. >> smith's attorney tried to convince the judge that it's a lose/lose for smith. answers he will plead the faith and his lawyers will ask his testimony to be sealed and out of the public eye. >> the public takes the fifth amendment as being synonymous with guilty. that's not the constitution. so that sort of reaction is prejudice to my client. that's why i want to deposition sealed. >> he could answer the questions. >> he has the fifth amendment. that's the all purpose. this is america. >> reporter: depositions are usually a matter of public record. the attorneys have to give a good reason for the judge to seal is. as for this deposition, it has not been scheduled yet but we'll keep you posted. shannon butler, channel

the mother of three was last seen alive in 2011 after she and her ex-fiance, dale smith, appeared on an episode of people's court. he's the main suspect but never charged. parker's parents are suing him for negligence in their daughter's death. they want him to testify. >> i want to know where michelle is. >> reporter: but his attorney is trying to fight that today, saying giving a deposition wouldn't matter, because he's just going to take the 5th. >> reporter: the judge disagreed. plans to have smith do so on camera. >> reporter: smith's attorney believes the deposition could haunt his client in the future, just in case smith is ever indicted for parker's death. coming up at 5:00, see what he plans to do to make sure that doesn't happen. >> lisa: thank you. developing right now, the urgent search for the driver behind a deadly hit-and-run crash in brevard county. >> ginger: troopers say the truck involved should have some front end damage. >> julie: the driver hit and killed a man while he was trying to get back on his bike. it happened last night along courtney parkway and spruce

today a judge ruled parker's ex-fiancee dale smith will be depose in the wrongful death lawsuit filed by parker's mother. she's been missing since 2011. said that he will sit for that deposition but won't be answers those questions. >> it's obvious because of the position that my client finds himself in. the only proven course would be to take the fifth amendment. he has no obligation to answer questions by a police officer or prosecutor, a private lawyer. >> next a judge will address the fight to see her grandchildren. after that smith will be deposed. >>> right now president obama is finishing up a historic day in cuba. many cubans are happy about obama's call to help struggling private businesses there by ending the trade embargo for good. both obama and cuban president raurl castro answered questions today during a news conference. many cubans were surprised to see him answering questions on human rights and political prisoners. you can see an exclusive interview with president obama on world news tonight with david eyewitness news at 6:00. >>> angry residents in orange county are

the childrens' father, dale smith, has custody of the kids, -- of the kids. he' s the only suspect ever named in parker' s disappearance, but he was never arrested. stewart is also suing smith for wrongful death. brett: new at noon, two deer are safe after a kayaker saw them running off the beach and into the water on panama city beach. michelle: they were already a thousand yards into the gulf, before fwc got to the scene. the deer were already tired from fighting those waves. the fwc agents was able to gently guide the deer back toward the beach. when they got to shore, the doe and her yearling took off toward a state park. brett: i have never seen them is stuck out that far on the beach. michelle: it is a lot of energy to swim out. candidate is missing out on a chance to win some american is really supporters. -- america n-israli supporters. ted: rolling roadblocks. if you are not familiar with the term, that is when a large piece of construction is transported across all lanes of traffic, or there is a significant slowdown highway. tonight, it is going to

a judge ruled michelle parker's fiance must talk under oath about her disappearance. dale smith. smith denies any wrongdoing. the attorney for parker's family plans to get smith's deposition on video. >> a video deposition gives you the advantage of being able to look at a person and judge their credibility or lack of credibility. >> smith's attorney said he'll fight to keep the video from the public. so far a judge hasn't ruled in his favor. >> easter is around the corner. if you are planning to make this year extra special, you don't have to go far. >> the city beautiful is the third best city to celebrate easter. who knew? it sited orlando's restaurants and shock lat shops earning the city the high ranking. the city took into account easter observers, pittsburgh and st. louis took home the top spot. about what kind of weather we'll have. >> we'll see a good chance of rain for easter. rain. let's hope the models agree with me and say, let's have it towards the evening of saturday rather than sunday morning. open. before sunday --. >> rain or shine. >> get a cute poncho. poncho.

. >> traffic safety manager dale smith is monitoring the group. >> three ounces of vodka is what they are drinking. >> and their blood alcohol content very closely. >> what we're looking for is to get people to the level of .08, .09, somewhere in that range because those are considered the lower level dui'ms, the ones most officers cannot detect easily and those are the people that are sliding by and actually killing people. >> that's the gray area. officers need to be able to detect if someone has been drinking on these lower levels when it's not as obvious. now one last check of everyone's bac before the students come up. remember officer corley, now at behind bars in south carolina. it's test time. >> stand together feet together hands at your side. >> students are conducting field sobriety tests and guess our volunteers bacs which range from 0 to .149. >> now do you see the difference? >> yes, sir. >> even though our volunteers might have a hangover by noon, they know these future cops now have training that will keep this community safe. >> we get in this business to help people

. >>> today a judge ruling michelle parker's ex-fiance dale smith will be charged in the missing person lawsuit against michelle. >>> trash problems continue in orange county months after the service began. >> they're dumping the crash on the ground. it doesn't make sense. >> the penalty they'll face for leaving garbage behind. >> and a frost advisory up. how cold it'll be in the return. >> plus, this 12-year-old says she was playing a game when she >>> you're watching channel 9 eyewitness news at 11:00, coverage you can count on. >> after nearly three months of a new trash service in orange county, we're still hearing problems with the haulers. and today orange county said it's working to add up administrative fines for the service. the solid waste department said it'll fine the three haulers they hired for messy service and damage it doesn't repair. we found homeowners still service in the meantime. >> that's not the first time it's happened. it's not the first time they threw the trash bag down and just left it. >> reporter: he told us when his trash was filled beyond the rim of the

begins over the children of missing mother michelle parker, her mother is suing the kids' father dale smith for visitation rights. yvonne stewart says she hasn' t seen her grandchildren since parker disappeared more than three years ago, she filed the -- more than three years ago. she filed the lawsuit last november under a grandparents rights bill she helped pass last year. smith was the only main suspect in parker' s disappearance. stewart is also suing him for wrongful death. covering brevard county, a man is charged of attempted murder, accused of stabbing his girlfriend with a screwdriver. melbourne police say jean lauriston got into a fight with his live-in girlfriend in a tent behind their home on wisteria drive. she was seriously injured after being stabbed in her neck and back. police say they searched for lauriston after arriving at the he later turned himself in. another fantastic finish at the arnold palmer invitational. this year' s winner talks about what arnold his mentor the gain of golf -- game of golf. a live look outside on the amy: good morning and welcome we are headed

. >> yesterday, a judge ruled michelle parker's ex- fianci, dale smith will be deposed in the wrongful death suit filed by her mother. argo has been missing since 2011, smith's attorney says his client was it for the deposition that will plead the fifth and not answer any questions. parker's mom said anyway. case of good versus evil, that clichi that the right thing will h appen. maybe one day the truth will come out. we will be able to find michelle . >> smith is living in orlando with parker's twins who parker's mother still fighting to see. a hearing on that will come in the next three weeks. >>> the family of a 12-year-old girl is fighting to have a charge of battery removed from her record. after deputy's arrested her for pinching a classmates rear in. >> it was just like a game, and like, i don't take it seriously, but, i don't get why he should. >> breanna evans admitted to pinching the boy, the middle school suspended her. the boy says he was not hurt, but his mother wanted to press charges. seminole county deputies and rolled evans in a diversion program to remove the charge f

today parker' s parents asked a judge to force dale smith junior to answer questions under oath, as part of the negligence lawsuit they' ve brought against him. smith' s attorney says there' s no point. but the judge sided with the parkers, who are now hoping it will provide some clues to what happened to her. it' s agony and it' s total torture everyday. it gets to the point where you accept that this has happened but you' re hopeful that things will come the right way some day. and i hope that we get these right answers. yvonne stewart is also seeking the right to visit her 7-year-old twin grandkids the it has been nearly 90 years since a u.s. president set foot in cuba. that changed this week, with the arrival of president barak obama. the president met with cuban leader raul castro. this is the 3rd time the two have met since 2014. both talked about improving relations, which could lead to stronger business ventures. president obama says he hopes to learn more about the cuban lifestyle, and help strike deals with economic benefits. >> for the first time ever, air force one has landed

begins over the children of missing mother michelle parker, her mother is suing the kids' father dale smith for visitation rights. yvonne stewart says, she hasn' t seen her grandchildren since parker disappeared more than four years ago. she filed the lawsuit last november under a grandparents rights bill she helped pass last year. she gets a hearing on that case this afternoon. smith was the only named suspect in parker' s disappearance. stewart is also suing him for wrongful death. michelle: president obama is preparing to spend his first full day in cuba. nbc' s lester holt has a preview of what' s ahead in this historic visit. s a busy first full : day for the president here in havana, as you know, he arrived here in this rain on sunday afternoon. he will get his formal welcome here, meet with president raul castro, there will be a state it' before it' s over, the president he' ll attend a baseball game. people think that in itself is an important symbol, uh as comes here, that this is not just down to business, that he has a personal investment. this is, as many people believe, part of

>>> michelle parker has been missing for five years and her ex-fianci remains the only suspect. dale smith in 1934, steak 'n shake decided the world didn't need another hamburger. a steakburger. so they used 100 percent beef. quick seared to seal in the flavor ... ... you'll only get from a steakburger. steak 'n shake, home of the original >>> a 12-year-old girl was arrested and is facing criminal charges after, get this, behind. >> the girl told channel 9 the whole thing was a joke but carla was kicked out of school and deputies arrested her so really not a joke. >> yeah, she said those deputies came to her home. they didn't put her in handcuffs but she had to ride in the back of a squad car. she was fingerprinted and booked for a battery charge over what she described was a simple pinch 12-year-old brianna evans said she was joking around with friends when she pinched a boy's behind and everything changed. >> i was by the office and we were pinching random people and i guess i pinched him and that's it. >> reporter: that led the girl to be suspended from school because the act was deemed

yesterday, a judge ruled michelle parker's ex-fiancee dale smith will be deposed in the wrongful death suit filed by her mother. 2011. smith's attorney says his client will sit for the deposition but will plead the fifth and not answer any questions. parker's mother says she will go ahead with it anyway. >> i'm hoping that in the case cliche that the right thing will happen and that maybe one day, the truth will come out and we'll be able to find michelle. >> smith is living in orlando with his and parkers twins and parkers mother is still fighting to see. a hearing on that will come in the next few weeks. >>> a man in marion county saw a sign. >> but it landed him in jail. the 38 year old keith belcher is facing criminal charges after deputy saskatchewan he stole several street signs to sell for scrap metal. deputies found him with several signs in the bed of his pick up truck. he reportedly told police on his way to jail that he did a stupid thing and he should have known better. >>> it is the fight between the fbi and apple over unlocking a terrorists phone over. why the fbi is now

her mother is suing the kids' father, dale smith, for visitation rights. yvonne stewart says she has not seen her grandchildren since parker disappeared more than four years ago. she filed the lawsuit last november under a grandparents rights bill she helped pass last year. she gets a hearing on that case this afternoon. smith was the only named suspect in parker's disappearance. stewart is also suing him for wrongful death. michelle: we're following breaking news from overseas. north korea has apparently fired multiple short-range missiles into the waters off of the east coast. now, this is video from north korea's state-run broadcaster. here it is. that photos show leader kim jung un inspecting landing exercises and missiles firing. north korea has stepped up military activity ince the u.s. and south korea started annual training exercises in the region. president obama is preparing to spend his first full day in cuba. nbc's lester holt has a preview of what's ahead in this historic visit. lester: hello. it's a busy first full day for the president here

. >> yesterday, a judge ruled michelle parker's ex- fianci, dale smith, will be deposed in the wrongful death suit parker has been missing since smith's attorney says his client was set for the deposition but plead the fifth parker's mom says she will go forward with it anyway. >> i am hoping that, in the case of good versus evil, you know, that clichi that the right thing will happen. and that maybe one day, the and we will be able to find michelle. >> smith is living in orlando with parkers twins, who parker's mother is still fighting to see. a hearing, on that, will come in the next few weeks >>> the family of a 12-year-old girl is fighting to have a charger battery removed from her record. after deputy's arrested her for pinching a classmate rear end. >> it is a game, and like, i don't take it seriously, but -- i don't get why he should. >> briand evans admitted to school suspended her. the boy says he was not hurt, but his mom wanted to press charges. enrolled evans in a diversion program to remove the charge from her record, but her father says he is still concerned. >> she pinche

helped launch a new program helping developmentally disabled adults aspiring filmmaker for jeff smith with dalesyndrome, his film premiere last night and. it's about his life and his relationship with his late mother. he got some help from joey trouble and nonprofit, features explored. he wrote and directed the film awards cameras, lighting and editing. hundreds of people attended the premiere last night and >>> if you think about it. sharks not the first thing that comes to mind but check this out, trafficking appears. tuning up to give visitors a chance to sleep with the fishes. contest winners can spend than i'd underwater in a 3600 pod by sharks critical today from a shark conservation expert can find details on a contest on the airbnb uk website. >>> and lots president obama got her wish to meet them. take a look at the picture you posted on the ground. that's her along with her family and the pres. and first lady. she is in first grade. she was sad to learn this was his last and her mother said right them a letter. this is her video of her special meet and greet with the president. visit

the issue affects septa's thorn dale line and amtrak service to harrisburg. >> nbc 10's drew smith live at 30th street station. you spoke to passengers caught in this mess and they were not happy. >> reporter: not pleased at all. and this is still a problem for the late night trains and the past 30 minutes we saw a large group of people waiting for a bus to pick them up. they were standing underneath the train tracks they hoped to be riding a nightmare commute. people telling us they don't ever want to repeat. >> we apologize for the delay. >> reporter: passengers say that was one of the first announcements from septa workers, hours after hundreds of commuters first lined up outside 30th street station. >> they made it sound like the buses were right outside. i've been waiting three hours for a bus. >> reporter: the timing could not have been worse. right at 5:00, in the middle of rush hour, trains that already left the city had to return. then, to add to the frustration, these passengers watched a line of buses arrive across the street. >> it's unacceptable. >> reporter: the buses sat

dale that will not happen. the $10 million james nae smith park, the inventor of basketball, would have hosted youth camps but the deal fell through over money and location. wake county leaders will decide how to reallocate their portion >>> it is 5:08. enough fuel to make a dozen or make dozens of atomic bombs. >> and that radioactive fuel is on its way to south carolina. we'll tell you why after the break and also we have new information on the durham police arresting a suspect who allegedly fired a shot at an coming up. . >>> ten minutes after 5:00, still a little bit damp this morning. we had some showers to rolled through, a little bit of that lingering showing up on the radar. a little bit of drizzle as you're stepping out the door. take a look at these temperatures. 30s in a lot of places. cary, 37 in roanoke rapids. what a difference compared to the temperatures that we saw in the mornings last week, and tomorrow morning will be even colder. we have a frost advisory that i'll tell about you coming up. just mid-40s at lunchtime and high in the mid-50s so our temperatures continue to run well below normal.

dale pmabry ramp to hillsborough pavenue. pan average speed of 14 might see pan hour through the stretch. pdover drivers, this is west of pstate road 39 and jerry smith proad, eastbound traffic is pespecially backed up. pinjury accident reported here. pa travel lane possibly blocked pand unfortunately, really not pmuch in the way of alternates so pif you're heading eastbound pthrough the plant city, dover parea, expect delays along state proad 60. p>> one day -- p>> we will see every girl in pschool. p>>russell: that's a google pdoodle for today. pit's a pretty cool one. pin honor of international pwomen's day. p>>laura: google doodles have pscience, arts and technology, pbut this year, they plan to do psomething differently. pthis year's google doodle was pfor international women's day to pcelebrate the next generation of pdoodles of women. pgoogle viflted 13 city -- visited 13 pcities around the world. pthey asked them to complete the psentence, one day i will, and pthen they made this video. pgiving voice to those who can't pspeak, their responses were as pdiverse as their backgrounds. pand some more familiar faces are palso featured in the video.

smith fox 46 wjzy. kayla: the area where deputies were trying to bury the victim is near ellendale elementary school. they school was put on the soft lock dale -- soft lock down. slammed into it. this happened around 7:00 tonight at oakhurst flowers flowers. as you're about to see the front of the building was heavily damaged and parse the car lights were found still on the ground at the scene. police tell us tonight they are still looking for the driver so of course if you have any information on who was behind the wheel tonight you're asked immediately contact the lease. kayla: also to attend cmpd is unseated the major car crash that killed a pedestrian. this happened around 8:00 on avenue. police say the northbound lanes will remain closed for several hours. officials say the person driving the car was not injured and no word if there will be any charges against the driver. the victim's identity is not being released until the family has been notified. bill: one person is in the hospital after officials say he or she was stabbed. this happened around 6:00 tonight on dold new. maddux tells the person was and life-threatening injuries. poli

smith fox 46 wjzy. kayla: the area where deputies were trying to bury the victim is near ellendale elementary school. they school was put on the soft lock dale -- soft lock down. slammed into it. this happened around 7:00 tonight at oakhurst flowers flowers. as you're about to see the front of the building was heavily damaged and parse the car lights were found still on the ground at the scene. police tell us tonight they are still looking for the driver so of course if you have any information on who was behind the wheel tonight you're asked immediately contact the lease. kayla: also to attend cmpd is unseated the major car crash that killed a pedestrian. this happened around 8:00 on west sugar creek road at rutgers avenue. police say the northbound lanes will remain closed for several hours. officials say the person driving the car was not injured and no word if there will be any charges against the driver. the victim's identity is not being released until the family has been notified. bill: one person is in the hospital after officials say he or she was stabbed. this happened around 6:00 tonight on dold new. maddux tells the person was ta

. >> you know, i realized i wasn't going to be the next dean smith or coach k or coach wooden. i had three children and daleeacher so i said it's time to stop this dream and start doing something where i can see my -- provide for my family. >> coach is great title, but dad is even better. >> great point. >> how much were the braces? tell me about this. she wanted to be an orthodontist for a while. >> she did. >> this is some disappointment on the couch? >> she worked for richard -- a dear friend. >> there you are. >> a wonderful orthodontist. she wanted to be -- she wanted to follow that. dr. wood said, if you come take over my practice i'll get you through dental school. i'll help you pay for dental school. i was going to do that and then i called him, i loved working for you, but i think after two years of college i majored in biology and i said, i think i want to change courses. i think i want to go toward broadcasting. everybody was supportive. >> she took two chemistry classes and -- >> let someone else fight gingivitis. >> anyone can sign up for biology. can you get through it is the question. >> mom