>> paul wagner, reporting live tonight in downtown d.c. >>> charges of racial discrimination are being leveed against the d.c. fire department. fox 5 learned a class-action lawsuit representing current and former firefighters will be filed in distribute court tomorrow. and they say a pattern is -- and going on for years. >> there is a -- appears to be despairity and treatment in terms of how they deal with the individuals and you can have treatment for an african- american handled one way and treatment for someone who is not african-american handled another way. >> donna rutger, another attorney met today with more than a dozen d.c. firefighters to discuss the suits. the d.c. fire department will not comment until the suit is filed. >>> we're learning police created a phony pen pal and -- the defense attorneys for the man called the phony letters in 2004 and 2005 unethical and -- the trial for the 2001 gone intern murder is expected to get underway this week. >>> an in-depth discussion about the reliability or not and they performed an audit. the company found a lack of it here in the

fox 5's paul wagner live with the latest on today's testimony. paul. >> reporter: well, brian, this is an entirely circumstantial case against ingmar guandique and the prosecutor in this case amanda haynes said as much to the jury when she addressed them earlier today. she is trying to show a correlation between two attacks in the park that guandique has pled guilty to and the attack of chandra levy. they believe that guandique is guilty of all three killing chandra levy and the two other women. one of those other women halle shilling took the stand today and testified about what happened to her. she described in chilling detail and in very tearful, as a matter of fact, how this man came up behind her on a jogging trail and tackled her from behind. she then told the story about how she ultimately got away. halle shilling told the court she just wanted to hit the trail that day, listen to her music and escape, about the as she ran deeper into the woods the man she had seen watching her suddenly came up from behind jumping onto her shoulder and wres

past and present facing a federal judge and paul wagner has more. >> reporter: two witnesses familiar with the events of september 27th, 2002, took the stand and told different stories of what may have happened to a police document. a document that has never been found. was it destroyed as some people or was there another innocent explanation? on cemented 27th, 2 where are 02, it was standard operating procedure for police to record every major decision event and arrest that took place that day. an officer sitting in the computer would enter all the details in what is commonly known as a running resume. he created a file and pretted 12 copies and delivered them to a supervisor. joan said it was standard procedure and that copies would be delivered to the chief of police and command staff. within days of creating the file, joan said that neil truckman stopped him in the hallway and asked him about the running resume. he requested a copy. jones said that he asked for the user name and password. it was common practice to e- mail, he said he asked him not to do so. at the time, he was the

paul wagner has more. paul?arned in the courtroom a couple of hours is davidson is from albania and she's

paul wagner joins us with more on this. >> reporter: the case was heard by the public employee relations board which found the chief, two attorneys, and a lieutenant took unjustified and unprecedented actions when they revoked the police powers of christopher baumann. according to the complaint, which we saw just a few minutes ago, the ui don't know members had not completed in service training so the chief decided to punish them but the union leadership said they didn't have to attend the training and the lawyer who heard the case agreed. this is a portion of her conclusion. in the final analysis the responsibilities, chief kat leer lenear and others, failed to present legitimate grounds. it is fair to conclude that the predominant motive for the responsibilities' unprecedented and unilateral actions in its treatment of the union officials, that is to retaliate for their assertive activism on behalf of the fop and its members. in july of 2009, the ruling says the chief and two attorneys and a lieutenant decided to revoke the powers of baumann and the executive assistants and place them

paul wagner has this story. >> reporter: on september 27th, 2002, d.c. police arrested as many as 400 people into pershing park. many of them protesting the policies of the world bank and vowed to shut the city down. leading up to and after the arrested, officers in a command post were documenting everything, in a running resume. it's standard procedure. but when lawyers like carl looked into the constitutionality of the arrest and asked for the documents, it was in where to be found. >> there is no explanation we can find for advancement. no innocent explanation can be found for its absence. and what advantage does it offer? well the information that we would expect to be in there or all of the details leading up to the mass arrest. >> reporter: he's been doinged for the search for the document which he believes has been destroyed along with critical radio transmissions. >> and when we discovered that and that took pain-staking analysis on radio runs to discover in fact there are substantial portions that are unaccounted for. now the district of columbi

paul wagner has more with the story. >> reporter: there was no trouble in adams morgan and police were ready for it. the uniformed officers stationed themselves around king emmanuel baptist church while tactical units patrolled the area, stopping anyone looking suspicious. since the family began receiving friends an hour and a half before the funeral, d.c. police kept an eye out for anyone bent on disturbing the peace and at least a dozen officers manned the blocks while plain clothes officers were free to roam and some people were stopped and questioned. as motorists played -- paid their respects, friends remember the man. >> i'm bubbling inside, you know, and that is a sick situation. he had so much promise and was a special guy. >> reporter: he was shot to death as he sat in the back seat of the suv, targeted, police say, by gang members out to settle a score. and the driver of the suv has been charged with carrying a pistol without a license. he fired back at the man attacking jamaal coats. brian weaver spoke at the service. >> and it was more of a celebration of life than -- and m

paul wagner, fox 5 news. >> investigators say they don't believe the suspect had a weapon. he's in stable condition. police have not released his name but he's 35 years old from dr.. >>> we have a followup now on that bus -- from d.c. >>> we have a followup on that bus accident last week. the driver of the bus died of a heart attack causing the bus to plunge off a flyover ramp onto 270. passengers say something seemed wrong when the driver slumped over the steering wheel and the bus crashed. several people were hurt and are all expected to recover. >>> a recovery plan in place now for the ronald reagan building. it's infested with bedbugs. fortunately they are only in one office. the u.s. agency for international development. it's not clear how the bugs got there, but the u.s. aide issued a statement today that reads in part on friday efforts were launched to prevent the possible spread of these pests. the offices were inspected and any identified areas will be treated over the weekend and followup treatment will be provided as needed. >>> we're taking you inside the bedroo

our paul wagner has covered the saga from the beginning, including the recent seating of the jury. he'll join us live the studio at 8:00. and you can follow the trial as it happened and paul will be blogging on myfoxdc.com. >>> students accused of making drugs on campus. sarah simmons is on campus with more from georgetown. >> reporter: good morning, steve. the students expected in court today are charles smith and john romano and john baron visiting here at the university. all three are accused of manufacturing the drug called dmt inside of a georgetown university dorm room here over the weekend this. went down early saturday morning. campus police got a call about a strange odor coming from the dorm room. police got inside and found hot plates, several chemicals and an air ventilation system on the 9th floor of harvin hall. the drug enforcement thought they had a meth lab on their hands and that's why students were ordered out quickly but this was not meth, instead dmt. >> anything you put in your body that is synthetically produced, that produces a hallucinogenic high, that produ

. >> and paul wagner is live in northwest. >>> a 16-month-old girl survived being hit by an suv in aspen hill the had -- hill this morning and that happened this morning. 36-year-old kaylee visiting from pennsylvania was pushing her daughter who is in a stroller across the busy roadway. when officers arrived, they did everything they could to keep the baby alive. >> after a few seconds, we got a pulse back and continued cpr. >> the toddler is expected to be okay and the driver stayed on the scene. it appears that show had the right-of-way. >>> the mother of the slain washington intern chandra levy will be able to attend the entire trial of her daughter's accused killer. and a judge ruled that attorneys can cross-examine her if they feel her testimony was tainted by listening to the provide -- proceedings. she disappeared in 2001 and her body was found a year later in rock creek park and the defendant pleaded not guilty. >>> a man is found death inside his home. officers say it appears the 61- year-old yon died from trauma. matt ackland and is in the newsroom with more on this. >> reporte

>> paul wagner live for us tonight. >>> and two women are in critical after trying to get away from a police officer. it happened around 2 this morning in riverdale park. the officer tried to approach the women at a shopping center on kennelworth avenue after report of suspicious activity in the area and that car sped off and crashed. >>> a police academy instructor is accused of helping recruits with the final exams. and he's no longer in the classroom. he was moved to a different job. it's believed that the recruits cheated on the test. the problem was the instructor saying he gave some students perfect scores on test because he was too lazy to write down the actual grades. he denies wrong doing and police are investigating. >>> maryland's governor and former governor went toe-to-toe today in the first televised event, the economy, crime and finger pointing. tom fitzgerald was there and start with the economy? >> reporter: this is one where ehrlich came out firing right out of the gate and blasted the o'malley administration saying they have been unfriendly to business and for his p

fox 5's paul wagner has more from today's proceedings where former d.c. police chief charles ramsey, remember him? took the stand. >> reporter: lawyers representing the people who were unlawfully arrested in the park that day suspect this key document that's missing called the running resume which would have contained specific details on events and arrests has been deliberately destroyed. witnesses have testified about seeing it on a screen inside the police department's command post, but never in a hard copy. on tuesday doug jones, the officer in charge of the document back in 2002, told the court he created an electronic file and printed 12 copies to be distributed to the command staff. others have testified it was standard procedure to print copies, but on the stand today commissioner ramsey said if he needed to see a running resume, he would look in his computer. on the advice of his counsel ramsey would not answer questions outside. >> in general with a proceeding pending i generally don't like to have our clients get into discussing matters. he is f

fox 5s paul wagner is

paul wagner, thank you very much. >>> a day care worker accused of sexually assaulting a 4-year- old girl is facing more charges. a 5-year-old alleges inappropriate touching. the incidents happened at the mini land day care center in centreville, virginia. the officers caught the suspects in new york as he was headed for canada. >>> teet security where's gunman killed one worker and shot another yesterday. larry hutchins was killed yesterday morning at the lot on w street northeast. he and other d.c. trash collectors were prepareing to start work for the day as employees arrived this morning. a d.c. protective services officer was checking e.d.'s. some workers are calling for a permanent increase in security. college you can see, whatever the case is and add these as they go in. we don't need nobody coming in here and doing anything. this is a government facility. >> he has not made arrests. >>> a developing story out of frederick, maryland. a group that claims fort dietrich is covering up cancer cases and wants officials to admit there are high rates of the disease around the fort.

fox 5's paul wagner joins us now with the latest on this story. >> ron harris told the court today it was not his intention to deceive the city council investigators looking into the arrests of 400 people at pershing park, but he admitted knowingly telling them that he was handing over a crucial document when, in fact, he wasn't. harris also admitted never telling the council what he did. until today ron harris had never disclosed his role in collecting evidence held by d.c. police for the attorneys filing lawsuits for the investigators working for the city council. in the aftermath of the arrests in pershing park, his job as a police department attorney was to collect and turn over anything requested by subpoena. one of the documents they were looking for was the running resume, a detailed account of all the events leading up to the arrests in pershing park on september 27th, 2002. today on the witness stand ron harris said he knew the running resume was not included in the evidence he was sending to the city council even though the cover letter mentions it three times. >> this is th

fox 5's paul wagner has the story you will only see on fox 5. >> reporter: on september 27, 2002, d.c. police arrested as many as 400 people in pershing park. many were protesting the policies of the world bank and vowed to shut down the city. leading up to and after the arrests officers in a command post were documenting everything, recording it all on what's called a running resume. it's standard procedure, but when lawyers like karl mesinio started looking into the constitutionality of the arrest and asked for the document, it was nowhere to be found. >> there is no explanation that we can find for its absence, no innocent explanation can be found for its absence and what advantage does it offer someone? well, the information that we would expect to be in there are all the information and details leading up to the mass arrest. >> reporter: he's been dogged in his search for the document which he suspects has been deliberately destroyed along with critical police radio transmissions. >> when we discovered that and that took really careful painstaking analysis counting seconds and mi

as fox 5's paul wagner reports, peace activists insists the community is doing everything it can to keep it from happening again. >> reporter: in the aftermath of a gang-related shooting detectives work around the clock in an effort to lock up everyone involved. retaliation is real and present danger. since last week's shooting at 13th and u where two gunmen opened fire on this car d.c. police have charged one man with taking part in the murder of jamal coates. they also arrested phil thompkins known as little phil seen here on a stretcher for carrying a pistol without a license. court documents say he admitted being the driver of the car that overturned on u street with coates inside. witnesses say the driver had a pistol and fired back. the fear of further retaliation is a real concern. >> absolutely. i mean what you realize, you know, when you're in our community, you realize that people have family members in all these various communities. so it's always going to bring people from different communities and sometimes in the height of the moment of wanting to pay your respect you don't