christopher derby charged with a biassed motivated crime and third degree assault. 23-year old jacqueline fitzpatrick needed stitches after the attack last year. she says she and her friends were waiting for a ride on south broadway when two men approached them. she told cbs4 derby called her a racial slur then attacked without warning. >>> time now for weather and 4's. dave aguilera is in for lauren today. >>> a good looking monday out there. mostly clear on the satellite and 65 degrees now. here's the futurecast now. watch when we hit 3:00. we see clouds and a few isolated thunderstorms on this map it's green blobs but a couple storms popping this afternoon. temperature wise we're in the 90s. 90 in fort evergreen area mid to low 80s. the five day forecast is coming up in just a bit. hang tight. >>> take a look at the drive this morning. we are looking at the mousetrap cam and you can see the building volume in the southbound direction as we enter the 5:00-hour. more of that and now most of the schools are back and we will have earlier volume there as well. watch out, this is the big change in traff

jacqueline fitzpatrick and her friends were waiting for an uber when a stranger hit her in the face >> i've got stitches here and there's a cut at the bottom. >> reporter: fitzpatrick says two white men approached her. that's when christopher derby attacked her physically and verbally. >> i don't think you should be able to get away with hitting a girl and calling people a racial slurs. >> reporter: the judge gave him four years in prison, the max amount of time allowed by a plea deal. derby says he was drunk at the time of the attack at the district attorney's office says that's no excuse, given his criminal history. alcohol as an excuse for his behavior. after his first felony offense of menacing, he got a chance for probation and it didn't work. after a second felony offense, he got a chance for probation and it didn't work. >> reporter: the da and the judge say hate crimes will not be tolerated and that's why he won't be getting a third chance. derby was also given two years of mandatory probation in order to pay $1200 in restitution. jennifer brice, cbs 4 >>> new details on the a

christopher derby is charged with a bias motivated crime and third degree assault. 23-year old jacqueline fitzpatrick needed stitches after the attack. she and her friends were waiting for a ride on south broadway when two men approached them. she told cbs4 derby called her a racial s man and woman are doing after a roof collapse in the toub of elizabeth that happened yesterday in columbine trail off highway 86. they were working on tearing down an out building when the roof came crashing down. the man was in critical condition as of late last night. doctors have not said how the for mosquitos tonight and tomorrow night. that spraying is supposed to happen between 8:00 and midnight. >>> a record number sof mosquitos are testing positive for west nile virus in boulder, weld and larimer counties. colorado has seen 13 human cases so far this year. health officials announced the state's first west nile virus death last week and people welcomed the mosquitos >> the sooner the better. we need the neighborhood sprayed if we have west nile. >> researchers at colorado mosquito control say they are seeing a su

jacqueline fitzpatrick needed stitches after the attack last year. she says that she and her friends were waiting for a ride on south broadway when two men approached them. she told us one of them used a racial tlur and then she was attacked without warning. >>> i stood up and was trying to get them to go away and get them out of her face. that's when they hit me and i really don't remember what criminal history including several arrests for domestic violence. >>> police are trying to identify the four people who robbed a marijuana dispensary. the store was held up yesterday afternoon. why the woman may hold the clue to finding all four at noon. >>> the national guard is helping rescue people after widespread flooding hits louisiana. the continues threat for communities including baton rouge. >>> will drivers have to pay certain stretch of broadway? coming up at noon oofrments a little hint there, the bicyclists will like this. >>> let's get to joel and figure out how the morning drive is looking. >>> i-70 and brighton boulevard, the back up is up to