mike david chapman is currently serving a life sentence. >>> and it appears a merger between american airlines and u.s. airways will proceed. the group had argued the merger would result in higher fares and reduced choices for fliers. with a supreme court's refusal to hear the case the two airlines could sign papers to close the deal. >>> a commuter airline can't explain how a sleeping passenger ended up locked in a parked train during a lay over in houston. tom wagner says he took a flight in a flight from louisiana to california saturday night. he said when he woke up he was in the plane's dark cabin with no one else on board. he had been sitting on a window seat toward the back of the plane. >> i called my girlfriend she thought i was crazy. i said debby, i'm locked in a plane. she said honey stop. i said i'm telling you, you better call someone to get me off this plane. >> reporter: his girlfriend did call the airline and wagner was removed from the plane. they could not explain why he was still there. they gave wagner a $250 voucher, a motel room and an apology. they say they're