A number of workers and shoppers hid in stores back rooms following a game plan laid out by Nassau Police in training for an active shooter situation at Roosevelt Field. I do think about, like, people committing such crimes because its just the day and age we live in, but i didnt think it would happen so close, actually. Reporter close to home indeed. Anow, most of Roosevelt Field remained open after the shooting. As for the mall em shployee who was wounded, he hasnt been identified, but were told hes in serious but stable condition at an area hospital. Roosevelt field did release a stmatement this afternoon. It said in part that the safety and security of oufr r tenants and shoppers remains a top priority. Were live at Roosevelt Field tonight, greg cergol, news4 new york. A Court Appearance today by the driver of the truck involved in the crash that critically injured actor tracy morgan and Michael George was at the hearing. Michael, what happened . Reporter the lawyer for that trucker said the publicity for that case was just too grea. He says his client cant get a fair trial and he wants the a charges thrown out. Former walmart i truck driver kevin roper didnt speak in court, but his lawyer told us roper cant get a fair trial. Why . Because of all the publicity over the civil trial. Comedian Tracy Morgans famous comeback as well as his comedy on the show. I have good days and bad days. How about where you have your plaintiff appearing on national and Worldwide Television and the print media talking about his injuries, his recovery. Reporter an ntsb investigation found roper hadnt slept for 28 straight hours and failed to slow down when his truck hit the limo van in 2014. Morgans best friend james mcnair was killed and he was left with a traumatic brain ryhis recovery was a struggle. Finally he came back in october, make ag ing a comeback as host on saturday night live. A grand jury is still considering whether to indict roper on charges of death by auto and assault byng auto. They do, ropers Attorney Says theyll immediately ask the judge to dismiss, saying any criminal jury will already be biased against his client. How do we recover from the type of publicity from that civil action . They tell me charges could come as early as tomorrow. Michael george, news4 new york. Michael, thank you. Today is the winter solstice. Its the first day of winter, the day with the fewest hours of sunlight during the entire year. But you wouldnt know it with the weather were having. Nbcs janice huff tells us how hot its going to get. As you realized, it doesnt ke a lot of sunshine to bring the warmth, it just vexed in in southeast winds. Temperatures are expect to. Regardless the record high of 63 was set on that bridge. We may even tie that record as well, or come close. Temperatures in the 50s and low 60s across the area. Right now thats where we are. The clouds blanketing the area and temperatures not dropping off that much. You can see all the warm air still sitting in the southern states. By tomorrow evening, were still in the 50s. Lots of rain, but once that rain more details on the record heat coming um in the forecast. The family was more than a dozen victims of the newtown, filed a lawsuit against the estate of nancy manzai. Two heartless thugs in trouble with the law tonight for allegedly beating up a blind sl vags army bell ringer. Am yeah, it happened here at this restaurant behind me on a very busy holiday saturday. Pushing and shoving inside a restaurant not that unusual this time of year. However, what jumped out at police is the man you mentioned, the victim, who only moments earlier had been collecting a Salvation Army volunteer who was legally blind had just been ringing his bell. Moments later, he got his bell rung. He swung his right hand at me real, real hard. So hard that i dropped the bucket. I was seeing blood that was coming out of my nose, my head and even ties. He got his 21year arraignment on felony and childish soortz r sartsz cht eight charnlz which included a violation of arrest. He even used the Salvation Army all of this unfolded inside the busier smart and they exchanged words. He got in my face, i got in his face and there was pushing. Shoppers we talked to disgust. While his supervisor is impressed impressed. That he got his face beat in andie. Like they had, its a job and it needs to be done. Somebody has to do it. Simmons tells me he for gives the people who did this. O him. Just hopes they never do it again. 25,000 bail. An Early Morning house fire in brook kin. They followed the victim of cardiac arrest, born on the. Theyre putting together a memorial of the particular. It would be put up alongside a traffic building. Thatbr going to be. It is one of the worst. Coming up as news4 at 6 00 continues, an iteam he is clus sieve, allowing. New york, nevertheless, mark wal berg is equally as funny as a scheming dad. Thaet your weekend ticket from some breaking news we need to get to right now. Were just learning that the Brooklyn Nets in the Barclays Center has been sold. Onexim sports and entertainment bought both the team and the arena. The arena went for 22 million. It should be approved next year. A grinch has been cutting lights in the wyckoff township. Police are investigating it as vandalism. Cuomo underwent surgery today for ligament surgery in his right hand. He tweeted he would be fine. Officials did not say where the governor was treated or offer any details of that oneonone game that led to surgery. Coming up when news4 at 6 00 reyturns, janice huff will be back with your full christmas forecast. Also ahead alleged elderly abuse caught on camera. How this worker still retained a meet the moores were the moore family, and as you can see, we need an internet that can do more. And more streaming. So we need more speed. Thats why we switched to ti e warner cable. You can too. Call now. Now we can connect more devices, at the same time. The wifi in this house is amazing. So is my guacamole. Hi grandma and grandpa ha, look at that [laughs] Time Warner Cable en has an internet plan for us. Get the Internet Speed thats right for you. From 3 megs to ultra fast 300 megs they even made it easy to switch with a onehour arrival window. Why settle for less, when you can get more get 50 meg internet for 39. 99 per month. Call now. You could get free installation, no data cap, and access to over 400,000 twc wifi hotspots with select plans. Leste holt joins us now for a look ahead at nightly news. Donald trump cant shock us much more after comments about Hillary Clintons bat oom habits. The question is will results of a new National Poll have some impact on him . Well have that story. Also well tell you about the rocket that made History Today not for its launch but for its amazing landing afterwards. We have a fascinating story about cancer. A little girl who was facing leukemia appeared to be dying, leukemia appeared to be dying, and a new technology that essentially changes the dna saved her life. Were going to talk about that and how it could have an impact on other patients going forward. Well see you tonight. Thank you. Moving now to an iteam exclusive. Disturbing hidden camera video of a home attendant and an elderly woman. A new jersey family is sounding the alarm about the loophole in the law. Reporter their plea has gotten the attention of a senator who is now calling for sarah with her exclusive report. Sarah . Reporter check the bottom line. If you work in a profession licensed by the department of Consumer Affairs, you are allowed to work even if you have been charged with a crime. The agency couldnt tell us the number of people who have been granted licenses with pending criminal charges. But one family says theres one too many. Im so stunned about what my mother had to go through. If my mother were here, she would say i dont want anybody else going through this. Reporter claudiaeperetti isnt just mourning the loss of her mother, shes also haunted by this hidden camera video. Her son walked us through the video the family discovered after the elderly womans death last spring of dementia. The pirettis had set up the jersey home after health aides were brought in to care for maria. We had the cameras set up over there, and this is where it all happened. Reporter they thought their prayers were answered after hiring helga. She wasnt worried the aide wasnt licensed. Now in hindsight, she secondguesses everything, including her mothers terrified outbursts in the week after she wa hired. She said she wanted to escape. I said, escape what . This is your home. She said, shes going to hit me. Ryporter when she quit, all of a sudden they decided to check that hidden camera. We loved her like family. My mother loved her like family. Then when i saw this i just was so astounded. Reporter the pirettis had recorded over other days, so theyre not sure what else was caught on the camera. Saw this video, they arrested her for assaults and making attempts to punch her. She was given a summons, pleaded noabt guilty, and then got a license from the division of Consumer Affairs as a health aide. If you are in nursing, how can you let somebody who is a danger to society go out and practice . Reporter in a statement the division of Consumer Affairs to us that under the law, a cense cannot be denied without a conviction or proof of a violation of law. Mere allegations are not sufficient. New jersey senator Robert Gordon says thats a problem, and has ordered his staff to investigate. Reporter do you think the law should be changed . If it requires a change in the law, and ill be asking about that. This may be an administrative change thats required. Reporter no one answered at peganzagas home in jersey city and her attorney did not reply theyre hoping their story might help others. Reporter youre worried she might do it to others . Oh, without a doubt. I cant sit back and let another family go through this, the elderly go through this who have no voice. Paganzaga is scheduled to be back in court in midjanuary. The pirettis will be there, too. Travel here in the tristate area changed for good 78 years ago, so check out these archived photos. These are from the port authority. The tunnel can access new york with new jersey. In 1927 the toll was a tad cheaper. Drivers were charged 50 cents to cross the highway between manhattan and newhawken. The department of transportation says more than 60 tow plows will be deployed this winter. The back of large d. O. T. Dump trucks that are particularly studded with a plow in the front. The tow plow can be adjusted to swing out to the side of the truck. When theyre used with the front mounted plow, these two plows can clear travel lands in just the nick of time. Well, we have, when theyll be able to use those clouds, but im sure eventually they will. In the meantime we are still tracking the warmth headed our way. A look out our camera shows a spectacular view in the seventh floor. The Empire State Building donned in its christmas colors of red and green. 61 degrees right now. 61 on this december 22nd. The record today was up in the 70s, so we werent close today but we will get there by christmas eve. Todays rainfall totals were generally between a tenth of an rain from central park to islip. Across parts of long island, we saw a little less than a quarter of an inch in farmingdale and west westhampton. There were a few spots that saw heavier rain, bridgeport being one of them, about 1. 25 inches of rain. The showers for now are winding down. The first wave has already moved through. The second wave comes through tomorrow afternoon and evening with the heaviest rain. Still mild out there right now. Its quiet in high point, franklin, mine hill all in the 50s. Poughkeepsie 57, 61 at bridgewater, the city long branch. Mild conditions remain across the area. Visibility has dropped in a few locations. Islip youve got fog there about a quarter of a mile, and that may be a problem later tonight. Were still left with some clouds and patchy dense fog. The next round of moisture is you can see it bubbling up here in louisiana. Well see the temperatures change drastically in about 24 hours. Another threequarters of an inch and then well end up with over an inch of rain on top of what weve already seen on thursday evening. So this evening, you dont have to worry about rain. Drizzle and fog may be in spots. As we trauk the temperatures and rainfall, we go through the night very quiet and then here mz mz. Right up on. Well come close on christmas day. 62 is the predicted day but the record is 64, so we may even get close to that as well. But it is a dry, sunny day on christmas. Its just really warm around the area, and it stays mild through the weekend. Thank you, janice. That second soldier from our area killed in yesterdays suicide bombing in afghanistan. Hes been identified as sergeant staff louis monacassa. He was stationed at Stewart Guard base. This was supposed to be his fourth and final tour of duty. Youd be surprised how easy it is to get a good lowcost health plan choose yours today, you might even get help paying for it go to nystateofhealth. Ny. Gov or call 18553555777 to find its the holidays, which means a house full of people, verizon fios. Only fios has the Fastest Internet and wifi available, with speeds from 50 to 500 megs. And right now, for only 79. 99 a month online, you get 50 meg fios internet, tv and phone for your first year. Plus, with a 2year agreement, fios gives you 400 back, and all the premium movie channels for a year. So go online or call now for this great offer. Get out of the past. Get fios. The jets could finish 115 on a sixgame winning streak and missed the playoffs. Pittsburgh dumped them from the sixgame this week. Thes last two games are crucial new england still playing for a top seed here. The jets lost a close one to the patriots back in week 7. The head coach believes his team has improved since then. Being the first year team, it kind of takes a while to start clicking, and you have to go through some growing pains before you Start Playing together. We went through some growing pains and thankfully its starting to click. I think were learning how to win and thats important. We won a couple games in a row so we have some confidence. Confidence is key for anything in life. This is a huge one for me, and im excited. This is why everybody in here plays the game, you know, to play in Football Games like this december and have a shot at playing longer. Meanwhile, the giants la peel has onegame extension. Carolinas will no longer bring nba news, the knicks might be without carmelo anthony. He sprained his ankle. Melo hates to miss these matchups with la e braun. It will likely be a game time decision. Carl with the mets, they added another outfielder today. He should platoon with Rodney Garrett on center, and while playing for the red sox and giants, he had a base advantage. He had that going for him, which is nice. If youre looking for a big item under the tree for the mets, youre not going to get it. Just a lot of little presents. Stocking stuffers. Coming up next on nbc nightly news. What did he say now . Donald trumps vulgar attack against hillary clinton. 11 00