determine what caused the derailment. officials say the train was going 25 miles per hour, but they would not say if the operator tried to stop the train before it derailed, or if the presence of the teens on the bridge played a role in the accident. >> we have no indication of what caused the actual derailment. we are fortunate to have two operators who are both safe and not injured so we will be able to talk with them. >> reporter: officials say the train is equipped with a camera and event recorder. that information will be viewed as part of the investigation into what went wrong. >> what the cameras picked up, what the event recorder shows, what the train was doing, those types of things are all being looked at. >> reporter: the national transportation safety board officials again say this will be a lengthy investigation. they're going to be here today throughout the night and well into tomorrow, trying to figure out exactly what happened. among the things they'll be looking at, the train operations. obviously, the train tracks, as well as systems to see why exactly this train left the tracks, killing those two young teens. reporting live, darcy spencer, news4. >> the derailment had a far-reaching impact. verizon tells us the crash disrupted long distance service to some of its customers, including government clients. the outages were felt at the u.s. navy base at guantanamo bay. that's where attorneys are preparing for a hearing tomorrow for five men charged in the september 11th terror attacks. service was restored, but because of the outage, the defense teams couldn't access information stored on government servers. they're requesting a 24-hour delay now. the family of a man hit and run says he was stopping to help a stranded driver. clearance alston died on i-95 near lorton. when he got out of his car, he was hit. 19-year-old carol rude-johnson is charged with driving under the influence. police say she took off instead of stopping. alston's family has a message for her. >> we forgive the young lady. we want her to know that she is loved. and he's gone, but not forgotten. and we know that he's in a better place. >> news4's derrick ward will have more from the victim's family, including their message for the public. that's coming up on news4 at 6:00. we have some breaking news in prince george's county. police have made an arrest in connection with the police pursuit on i-95 that ended with the death of a prince george's county police officer. chris gordon is live from police headquarters in palmer park. chris? >> reporter: good evening. this new information was shared with us within the last half hour here at prince george's county police headquarters. one suspect is under arrest, and in custody. another suspect is being sought this evening. now, prince george's county police are not saying which one may have been the driver of the silver acura, allegedly involved in the police chase yesterday along i-95 that resulted in the death of a police officer. and that is important, because whoever drove could be charged with a very serious offense. vehicular homicide. prince george's county police say they are questioning a person of interest in yesterday's fatal crash. >> this morning, the prince george's county police department and the metropolitan police department found the acura that was involved in yesterday's fatal crash involving police officer morris. this point, one of the occupants of the acura is under arrest. at this point, we can't say what the charges are against that occupant. we'll keep you informed as we can. >> reporter: the police cruiser landed in the ditch along i-95 yesterday afternoon, killing 23-year-old prince george's county police officer adrian morris and injuring officer michael rischer. the police were chasing suspects who had been photographed earlier on surveillance video at this shell gas station in laurel, attempting to break into a vehicle. when their car was spotted by a station employee, they fled. today in southeast washington, police found the silver acura that the suspects are believed to have been driving during the pursuit that led to the crash. at the county's sixth district station in beltsville, where officer morris was assigned, the door is draped in black bunting. >> i had my explorer in my youth group and i've seen him transition from a young man to becoming a man. and a great police officer on this department. so it's been very hard for us. but we're making due and we're going to be all right. >> reporter: the investigation into the crash has revealed another fact. >> we know that the surviving officer was wearing a seatbelt at the time of the crash. and unfortunately, police officer morris was not. >> reporter: what, if anything, does that have to do with the investigation? >> at this point, as you know, the department is very focused on finding the people involved in that crash and sorting through that investigation. and that's what we're focused on right now. >> reporter: again, one suspect is under arrest tonight, another suspect is being sought. for their alleged involvement in the police chase that resulted in the death of 23-year-old officer adrian morris. that's t latest live here at prince george's county police headquarters, i'm chris gordon, news. the pressure is on tonight, and the clock is ticking away for republican congressman todd akin. he has until 6:00 tonight to step away from the missouri u.s. senate race. but he is standing firm. earlier today, he issued a new apology to voters. >> i ask for your forgiveness. >> in this commercial, the congressman apologizes again for his comments sunday when he used the term, quote, legitimate rape, and said it is rare for such cases to lead to pregnancy. in a matter of hours, the comments took aiken from an almost certain win against the democratic incumbent to a republican pariah. late this afternoon, mitt romney called on akin to step aside. senate minority leader mitch mcconnell made a statement saying he made a deeply offensive error at a time when his candidacy carries great consequence for the future of our country. sorry is not sufficient to continue serving his country in the honorable way he has served throughout his career. it is time for congressman akin to step aside. we're hearing from the man leading the prince jojs county school system. former superintendent william hightower was left for the philadelphia system. dr. crowley was tapped to fill in and gave his first interview today to news4's tracee wilkins. >> reporter: after six years with the same superintendent, the prince george's county school system is experiencing a change in leadership. dr. alvin crowley is the new interim superintendent and will lead the county through this transition. >> i've had 32 years of educational experience, 17 years as an assistant superintendent so i am ready to be the next superintendent at prince george's county. >> reporter: crowley comes to prince george's from the d.c. school system where he served as a deputy chief. he has also word in chicago, boston and virginia. he says he plans on implementing lessened learned there in prince george's. >> and i think the school district is on a path of success, and certainly arlington focused on the achievement gap, we'll continue to focus on the achievement gap here in prince george's county. >> reporter: while prince george's has made strides in raising state test scores, it stale remains well behind most systems in the region. with the exception of one high school, prince george's high schools failed to meet the maryland average in math, english and college readiness, according to u.s. news and report. >> we are making gains. and we continue to focus on those areas and then look at specific areas where we're having some difficulty and make adjustments there. >> the reform efforts that we started six years ago are really starting to take off. >> reporter: prince george's county school board chair, regina jacobs, says the board was focused on finding a leader to help during this critical transition, and they're confident with crowley. now, the focus is on finding a permanent superintendent. >> we want to make sure we have the right amount of community engagement, we want to make sure that it's a transparent process, and that our community is engaged in helping us select who that next person is. >> reporter: dr. crowley's official first day will be september 4th. he says he plans on using that day to go around to different schools in the county and introduce himself to students, teachers and parents. and springdale, i'm tracee wilkins, news4. >> he says he'll use his time as interim to determine whether he'll pursue the job on a full-time basis. >> let's go outside. it was a gorgeous day out there. beautiful day. and not a lot of humidity or heat, doug. it was gorgus. >> doesn't get any better than this, wendy. really doesn't. just gorgeous out there right now, as you mentioned. the evening looking just as gorgeous. just take a look outside. 84 degrees with partly cloudy skies, a few clouds out there. but that's about it. winds right now are calm. what are we seeing around the rest of the region? 81 in winchester, 80 in martinsburg, 81 in culpeper and fredericksburg at 79 degrees. there are a few showers well to the south. fredericksburg has seen just a little bit of a shower. also moving into king george and county maybe into portions of the northern neck. so if you live in the northern neck or southern maryland, you may see a few showers but that's about it. the wider view showing more showers to the south and west. but fairly dry through your morning. leesburg, loudoun county, looking very good. 77 by 7:00. 68 by 11:00. waking up to a temperature of 58 degrees. a little bit on the cool side for you. when you step out the door tomorrow morning. we'll talk more about that, plus the newest tropical storm that is out there in the atlantic. this one could affect the u.s. >> oh, dear. still ahead to be able to, a 3-year-old caught in the cross fire and now recovering after being shot in the leg. >> what officials are offering as a solution to a long-term problem with flooding in a historic d.c. neighborhood. and a juriy could hold the fate of your smartphone in their hands. the latest on the battle between tech giants apple and samsung. i'm liz crenshaw. want to know what vehicles car thieves target? the latest list of top-stolen cars is coming up. [ male announcer ] since 1996 welfare recipients were required to work. this bipartisan reform successfully reduced welfare rolls. on july 12th president obama quietly ended the work requirement... gutting welfare reform. one of the most respected newspapers in america called it, "nuts!" saying, "if you want to get more people to work, "you don't loosen the requirements -- you tighten them." mitt romney's plan for a stronger middle class will put work back iwelfare. [ romney ] i'm mitt romney and i approve this message. when it rains, it doesn't just pour, it floods in some historic neighborhoods of d.c. and now mayor vincent gray and city officials are promising to help the residents battle that storm, water and sewage overflow that's threatening 100-year-old houses. tom sherwood takes a look. >> reporter: the bloomingdale neighborhoods of northwest washington near downtown are filled with century-old homes and join a renaissance, except for this. three times in less than two weeks in july, heavy rains flooded neighborhood streets with storm water and sewage not seeping but gushing into homes and basements of hundreds of houses. >> what is even worse is the emotional toll that it takes on families. the emotional strain. it's just unreal to have to be scared of rain, to have to be scared because it's cloudy outside. >> reporter: the mayor and city officials formed a task force and promising short-term solutions by december, including better storm drain management and financial help with flood barriers for the homes. a massive new sewage system won't be ready until 2025. >> if your basement is flooding in 2012, it's not a major consolation that there is a solution on the way in 2025. >> reporter: this area has experienced flooding over decades because of its type gravy, and out-of-date storm water systems. but new construction and businesses may also be adding to the overwhelmed system. >> the longer-term solution we know will solve the problem. it's just too far out. we just can't wait that long to be able to bring relief to the people who live in these two communities. >> reporter: betsy daniels bought this once-vacant home and just moved in last december after three years of renovations and rebuilding. she now depends on sandbags to block some water, but they don't help when water rises from the ground. >> the issue is it has sewage in it. you know, your basement is covered in sewer water. they had to rip out their drywall. we're talking $15,000 worth of damage at the house next door to me. >> reporter: in the district, tom sherwood, news4. >> they have to worry -- >> nothing but blue skies today. >> they don't have to worry about that at all. but we saw numerous pictures of the sewers with so much garbage. and one thing for those residents and residents around here, you want to make sure you put that garbage where it's supposed to be, into the trash cans. because once again, we opened up some of those storm drains, and in there you just saw bottles, cans, all different waste that's there. and that just clogs up that system and doesn't allow it to work properly, especially one as outdated as that. as far as our weather today, we're looking good. take a look outside right now, we'll show you just how good we're looking. and yes, there is a brand new tropical storm and if you've got some plans to do a little traveling, hmmm, you want to listen up to this forecast. 84 degrees, the current temperature out there right now. it is simply gorgeous out there on our tuesday. dew point at 56 degrees. humidity only 38%. the winds are calm, simply fantastic out there this evening. 80 martinsburg. 77 in winchester. 79 in culpeper, 81 in annapolis. as far as the rain is concerned, no showers. there is one shower trying to move through portions of fairfax county. may clip the district. but this is falling apart. not much at all. literally, a sprinkle at best. there have been a few more toward spotsylvania county and king george county. watch out. these could make their way through the northern neck and over towards portions of st. mary's county and maybe southern maryland. so you may see some showers well to the south of the d.c. area all because of a system that's still around the region. it's down to the south but still moisture associated with it. and that's why you see the shower activity mostly in southern virginia. another system back to the west, bringing rain towards pittsburgh. that one, though, will bypass us to the north. what are we seeing as far as the next couple days? a couple areas of low pressure and a frontal boundary stalled to the south. that's where it will remain. tomorrow it moves north so that boundary will shift to the north as well and we'll see a better chance for a few showers tomorrow. i still don't expect to see many, but it's good idea to keep the umbrella handy, maybe in the car as you make your way to work. thursday, the area of low pressure, another one moves up but stays far enough south that we look at beautiful skies, plenty of sunshine, not much of the way of clouds and high temperatures in the 80s. so thursday and really all the way through next week looking very, very nice. now let's take a look at the tropics. here's florida, here's cuba, moving over towards puerto rico right here and here's our new tropical storm. this was a tropical depression. now a newly formed tropical storm with winds of 40 miles per hour. this is tropical storm isaac right now. and there it is, winds of 40 miles per hour, moving to the west at about 17 miles per hour. i've gotten calls today from people with friends in and around puerto rico, traveling towards puerto rico, traveling to florida next week. this could be a problem. this storm making its way into the caribbean and potentially becoming a hurricane right around puerto rico. it does look like it will stay far enough to the south that i don't think they'll see too much from this. but this is one we're going to have to watch. could be 85 miles per hour just to the south of hispaniola. and watch what the national hurricane center does to this. it brings it over cuba and eventually very close to the southern tip of miami. so we're talking about that storm making its way in through florida, potentially, over the next couple days. some of the latest computer models shifted farther to the south. but i do think this could have an impact from florida and into the gulf coast. so if you have plans, you want to make sure you're watching those plans very, very closely. and keep it right here. we'll keep you updated. this evening, a few clouds and gorgeous. temperatures into the 70s around the 80 degree mark. tomorrow morning, mostly clear, a great start, cool in the suburbs. 54 to 67 in the city. and then look at this nice weather. 87 thursday, 89 on friday, 89 on saturday. all with low humidity. this weekend is going to be a good one to do whatever you want to do. >> all right. we'll take it. thank you, doug. when news4 at 5:00 continues, the 495 express lanes, they reach an important milestone and we are going to take a ride. and why some doctors are warning against giving antibiotics to infant children. in sports, we're going to go live to nats'park, one of the hottest players on the best team in baseball. >> and coming up tonight on news4 at 6:00, hundreds of firefighters trying to put out those wildfires out west that have been a road block tore have been a road block tore travelers. whee wheeeeeeeeeeeee! wheeeeeeeeeeee! whee whee wheeeeeeeeeeee-he- he-heeeeee! whee whee wheeeeeeeeeeee! pure adrenaline. sfx: snorting sound. whee whee wheeeeeeeeeeee! everything you love about geico, now mobile. download the geico app today. . tough to top last night, game two against the braves, rested up after the 13 innings, dan hellie? >> reporter: no batting practice for the guys, came in late but they were feeling very good after a 13-inning win against the braves that many are calling the most important series in franchise history. that's because the braves now six games behind the nationals. the nationals, of course, have the best record in baseball. last night, a really fun game to watch and one of the heroes, danny espinoza who scored the game-winning run, joined me a few minutes ago. you worn out a little bit after last night? >> no. actually gets to sleep. after the game, i was definitely pretty exhausted. but coming back today, i got a lot of rest. and i feel good. >> reporter: take me through that play. you're on third base, chad tracee at the plate. this is an uber-important series for you guys against a team in the standings and you win it the way you did. walk me through that last play. >> the plan was to go on contact so anything on the ground i was taking off on. back to the pitcher, obviously, trying to get the run down. but tracy -- dan made a nice play to keep the ball in the infield. but he still has to make a great throw. so my idea -- second ball was hit, i'm going full speed and hopefully throw. >> reporter: i know you guys are used to winning, because you've been winning all season. but when somebody asks you who you play for and they say the nationals, the best team in baseball, is that a little strange to digest after what you've gone through the first couple years with this organization? >> it's not really strange, i guess. it's different. it's just different. we go from being one of the worst teams in baseball to having the best record in baseball. the amount of attention you get, the amount of media. it's something you have to get used to. it's a totally different atmosphere. but it's a lot better atmosphere. >> reporter: a lot more fun in the locker room. >> yeah, a lot more fun. >> reporter: for you, looking back at the numbers, month and a half into the season, you're batting below .200. everybody is thinking, what is wrong with dan? he had such a great year last year. you have battled back and been a catalyst now for this team that has the best offensive in baseball since all-star break. your numbers are right back where they belong. can you pinpoint what's different? >> just the approach. my approach, trying to make things happen. early in the season, i was trying to make things happen rather than just trust my ability and going up there and competing, you know, just letting things happen how they will. and when you're going up there and trying to pull outside pitches, trying to think along with the pitcher, you're trying to do too much. so in my mind, had to calm everything down, switch my approach and think about just driving the ball, not trying to think along with the pitcher, catcher, going up there and having a good at-bat and trying to put the ball in play. >> reporter: do you allow yourself to think about what lies ahead for this team? >> a little bit. but we try not to get too far ahead of ourselves. we still have to -- we've got to make it to the playoffs. we would love to win our division and we're in a good spot right now. but, you know, it's fun to think about if we go to the playoffs. but at the same time, we've got to get there first. >> reporter: steven strasburg making the start for the nationals tonight. he has dominated just about every team this year, except the atlanta braves. a couple guys seemed to have his numbers so hopefully he can get back on track against the braves tonight. i'm going to allow myself to think ahead. is that okay, guys? playoff baseball and football to talk about at the same time? >> let's do it, yeah. why not? >> come out, guys, and really support this team, because last night, only 21,000 fans in the seats. so there's going to be tickets available tonight. nothing more fun than watching the nats play baseball this time of year. >> the best there is. >> and the weather is great. thanks, dan. first lady michelle obama opening up in a new blog today. still to come, a look at what she says gets the first family going in the morning. and what holds them back. also tonight, what police say three daycare workers did that led to their arrests. a toddler caught in the cross fire, the search for suspects in a shooting that suspects in a shooting that injurehe's made his choice. but what choices will women be left with? just like mitt romney, paul ryan would get rid of planned parenthood funding. in congress, ryan voted to ban all federal funding for planned parenthood and allow employers to deny women access to cancer screenings and birth control. and both romney and ryan backed proposals to outlaw abortion even in cases of rape and incest. for women... for president... the choice is ours. i'm barack obama, and i approve this message. new developments now on the train derailment in ellicott city. investigators tell us they just found the bodies of two teenage girls that were killed, elizabeth nass and rose mayr were sitting on the edge of a bridge over main street around midnight when a coal train came through and derailed. just before the crash, one of the girls posted a twitter picture of them on the bridge. the ntsb tonight says it could be a long time before they know exactly what happened. >> i want to emphasize, this is day one of the fact had been gathering of this accident investigation. again, these accidents happened very quickly. a matter of seconds sometimes. but the investigations are quite lengthy. and that's on purpose. it has to be thorough, cover every stone. >> ntsb will bring every evidence, including a possible video, back to d.c. for further examination. a toddler is recovering tonight not from the usual things plaguing kids her age. instead, she was one of three people shot on 19th street in anacostia last night. pat collins has the latest on the little girl's condition. pat? >> reporter: wendy, we have a 3-year-old girl shot in the foot. her stepfather shot in the leg. he's a victim, but he says police treated him like a suspect. >> we were just standing and talking, and then i looked up and things didn't look right, basically. and then we were fired upon. >> reporter: this is a 26-year-old man shot in the leg last night in front of his home on 19th street southeast. also shot and injured is 3-year-old stepdaughter. she was hit in the foot. >> i don't really like where i've been, and i didn't like that my stepdaughter got hit. >> reporter: ironically, this happened beneath a sign that says "this is our community and we care." it was about 8:15 at night. two guys wearing hoodies walk into the intersection, no words said. guns drawn, shots fired. tequila green, she lives up the street. she heard it. how many gunshots? >> about 10 or 12? >> reporter: one right after another? >> uh-huh. >> reporter: the wounding of the 3-year-old little girl has people in this neighborhood most upset. what do you make of something like this? >> i think it's crazy. these children have guns. >> it's sad. it's sad. it's a sad situation. young people have got to do some thinking. >> reporter: the man shot in the leg says after he was taken to the hospital, police moved everybody out of the house and tossed the place. >> we were the victims, treated like suspects, and they basically came in, i guess they wanted to find whatever they found, whatever they could. it's nothing to find here. >> reporter: now, police say while they were investigating the shooting, they came upon some information that caused them to get a warrant to search the victim's house. they said it was approved by a judge. now, so far, no motive, no suspects, no arrests in this case. live in southeast, i'm pat collins. news4. >> new signs of progress for the beltway express lanes project. today some vehicles got a chance to drive on the new lanes, which when completed will run from springfield to mclean news4's julie carey is live with more on how this will help ease congesti congestion. jewels? >> reporter: check it out behind me, beltway traffic chugging along, but alongside the lanes, you see the still-empty express lanes. only for a while today, there were cars out there, offering a glimpse of what everyone hopes will be a better commuting future. it's a preview of coming attractions on the virginia beltway. test cars, some manned by professional drivers checking out the still under construction 495 express lanes. and thanks to our camera mounted on one driver's dashboard, here's the view commuters will soon get. two lanes run in both directions from the springfield interchange to just beyond the dulles toll road, free to buses, motorcycles, and vehicles with thee or more people. the test drives will make sure all the technology operates according to plan. >> we're out here, testing the system. so what we want to do at the end of the year is make sure drivers get on the lanes, they get their predictable trip and charge the right amount. for they're a carpooler, not charged at all. >> reporter: some of the test vehicles carry the easy pass flex devices that can be switched to a different setting if there are three or more people inside. those who pay the toll can expect an average charge between 4 and $6, but at times two bucks. it? >> can fluctuate depending on what's on the road before you get on. >> reporter: it was clear sailing during the test as the drivers tried out different speeds and maneuvers. electronic signs warn commuters about what's going on alongside them. some of those who have been watching and waiting in construction traffic for several years are eager to try the lanes themselves. >> looking forward to the challenge of trying it. to see whether or not it can shorten my commute. if it works, i'll keep the card. if it doesn't, i'll get in line. >> reporter: this commuter from alexandria to tysons plays to stay in the regular lanes, but he too hopes for a quicker drive. >> i don't want to pay the price. hopefully it will, you know, alleviate some of the headaches as far as the traffic goes. ease the rest of the lanes for us. >> reporter: by the way, those test cars found no glitches. so far in the systems out there on the springs lanes, right now, opening is scheduled for some time in december, though no exact date yet. reporting live from tysons corner, julie carey, news4. >> looking good. thanks. strong job opportunities, great schools, low crime. quality health care and plenty to do. based on those distinctions, "money" magazine is out tonight with its list of the 100 best places to live. several of the cities are right here in our area. in maryland, ellicott city ranked eighth. waldorf, 20. gaithersburg 21. in virginia, reston was the seventh best place to live according to "money" magazine, the highest ranking in our region. centerville was 17. ashburn ranked 30. arlington 45th and dale city was 46th. congrats. more to come tonight. up next, why some doctors are advising parents against giving babies aeblts. and the four-letter word behind a high schools decision behind a high schools decision to deny a i'm barack obama and i approve this message now mitt romney's attacking the to depresident on medicare? the nonpartisan a-a-r-p says obamacare "cracks down on medicare fraud, waste, and abuse and strengthens guaranteed benefits." and the ryan plan? a-a-r-p says it would undermine medicare and could lead to higher costs for seniors... and experts say ryan's voucher plan could raise future retirees costs more than six thousand dollars. get the facts. antibiotics could cause babies to grow into chubby children. there is a new study in the international journal of obesity that finds that infants given antibiotics before they turn 6 months of age weigh more when they're toddlers than children who didn't take the antibiotics. experts think it could be the antibiotics could be killing bacteria that plays a role in digestion and metabolism. as always, more research needs to be done. first lady michelle obama will be waking up before dawn to get her workouts in this school year. mrs. obama tells i village she goes to the gym at 4:30 or 5:00 in the morning so she can get back before her kids wake up. the first lady is serving as guest editor of a women's website this week. the theme is rev up your back to school routine. she says she and the president watch sports highlights during their workouts. when traveling, she does a half hour workout of jumping rope, push-ups and situps. the first lady also fesses up about french fries. they are her biggest weakness. hear hear. >> more to come on news4 at 5:00. up next, thoughts on a group of 12 people and the implications they could have in the hot market of smartphones. >> and what three workers are accused of doing that led to a daycare being shut down. isolated showers and thunderstorms out there. th[ male announcer ] you paid in to medicare for years. every paycheck. now, when you need it obama has cut $716 billion dollars from medicare. why? to pay for obamacare. so now the money you paid for your guaranteed healthcare is going to a massive new government program that's not for you. the romney-ryan plan protects medicare benefits for today's seniors and strengthens the plan for the next generation. [ romney ] i'm mitt romney and i approve this message. a couple high-tech heavy weights have been duking it out in court the past three weeks. and the chance to decide which company is in the right is about to be placed in the hands of a jury in san jose, california. mark barger has details on what's at stake in this battle between apple and samsung. >> reporter: for the world's two dominant smartphone makers and tablet rivals, it's a matter of distinguishing imitation from innovation. >> i think there's tremendous corporate pride on both ends, absolutely. >> reporter: apple contends samsung swiped iphone and ipad technology and is demanding the south korean company yank its competing products from the market. in addition to paying $2.5 billion in damages. >> the android, windows and other competitors, if apple wins, are going to have to continue to evolve away from the apple look. >> reporter: but samsung claims it's apple that copied its technology and others in developing their market-leading products. and samsung is seeking $399 million in damages. >> if apple loses, then i feel like there will be much more of a free-for-all in terms of people feeling comfortable to adopt that feel. >> reporter: weeks of testimony and thousands of pages of paperwork have made for a complicated case for the nine-person jury. >> it's very tough. and i think that that's why maybe the judge is saying why don't you guys settle this somewhere else? >> reporter: but discussions between the respective ceos have not produced ab out of court settlement. even a loss in the courtroom is not expect to be insurmountable for either company. together, they sell more than half the world's smartphones. >> when it all shakes down, you'll still see a landscape of compelling products either way. >> reporter: that could make a legal victory secondary to one with consumers. mark barger, nbc news. and there is more information surrounding a salmonella brought yeah that involves cantaloupes. and car thieves aren't necessarily targeting newest vehicles. and salt or not? one restaurant chain has taken the condiment off the tables. liz crenshaw is here with this. >> reporter: the sal necessarilia outbreak linked to can't lopes, the center for disease control says the cantaloupes were ground in southwest indiana. so far, 141 people have become sick in 20 states. two deaths have been reported in kentucky. no one in our area has become ill. today, we spoke with the food and drug administration and it says it's not sure whether the cantaloupes were distributed to the d.c. metro area. if you own a cantaloupe, like any fruit, it's always a good idea to wash it before cutting into it and spreading any kind of bacteria that might be on the outside. the cantaloupe farm has agreed to stop distributing the cantaloupes for the rest of the growing season. changing gears now. just because you own an older car doesn't mean that thieves don't want to steal it. the national insurance crime bureau released its latest list of the most reported stolen vehicles, and older models make up the list. here are the top five. coming in at number one, the 1994 honda accord. followed by the 1998 honda civic. the 2006 ford pickup full-size. the 1991 toyota camera, and rounding out the top five, the 2000 dodge caravan. there are fewer reports of stolen vehicles this year, and authorities are now worried about professional criminals who get key codes and have a replacement key made in order to steal those newer model vehicles. they will find a way. finally, starting today, one major restaurant chain is pulling the salt shakers from its tables. boston market says the salt has been removed from the tables in all of its 476 locations. instead, if you want salt, you have to get up and go to a central couldn't meant location. the restaurant will also reduce sodium levels in its signature foods by 20%. boston market says the change is part of an overall initiative to provide healthier options. so you have to get up to grab the salt shaker, maybe you won't grab for it. >> right. >> and it's a little exercise along the way. >> exactly. thanks, liz. let's get another check on our forecast with doug. >> i think it will upset my daughter. she is always doing this at the table and making a nice pile for herself. hey, good for me though. outside right now, a little shower coming right through the district right now. but that's it. just a very light shower right now. temperatures of 84 degrees out at the airport. mostly cloudy skies. if not partly cloudy skies. but a shower right now moving over the district, as i said, nothing very heavy. calm winds across the area right now. and that's what we're going to continue to see. here's the temperatures. 84 in rockville. 79 in cans strings. annapolis at 81. a very pleasant evening. this evening gorgeous for just about everybody. here's where the showers are, one shower came through fairfax county and this thing is just tiny, right over the district, though, right around the capitol. and then a few more, one in charles county, again, very, very small. and a little heavier as you get to the south of fredericksburg, king george county. watch out around the northern neck, southern maryland, a few showers. but that's about it. as we look towards this area, you can see exactly where this is, along i-95 here and here's that one in d.c. and here's that one in charles county, just to the south of waldorf. overnight tonight, look at these numbers, 55 in martinsburg, 54 in winchester, 60 in leesburg. cooler to the west, 67 in washington and 65 in annapolis, still a very pleasant evening and nice day tomorrow. a great start will lead to a nice afternoon. can't rule out an isolated shower, maybe an isolated thunderstorm tomorrow too. but again, not looking at too much. 88 in culpeper towards fredericksburg. 87 in washington and towards annapolis. what about the next couple days? well, we're about to get on a roll here. 87 on thursday. 89 on friday. 89 on saturday. nice weather for everyone. sunday and monday also looking good. liz crenshaw off-camera loving this. absolutely loving this. and i've got to tell you, i know you're going to be loving it too, because this is probably the best stretch of weather we have seen all summer long. one thing you don't see there, intense heat. the hottest number, 91 next tuesday. that could come with a few thunderstorms. we'll have much more come up this afternoon at 6:00. >> big finish. coming up on news4 at 5:00 tonight, an ad lib in a high school graduation speech puts a student in an unexpected spotlight. coming up tonight at 6:00, we'll have more late developments on that train derailment in our area. police in tampa are on alert now after an incident at next week's republican national convention site. and if you want to walk in the shoes of a champion, nike is going to charge you more for that than ever before. [ obama ] i'm barack obama and i approve this message. [ male announcer ] you work hard. stretch every penny. but chances are you pay a higher tax rate than him... mitt romney made twenty million dollars in two thousand ten but paid only fourteen percent in taxes... probably less than you now he has a plan that would give millionaires another tax break... and raises taxes on middle class families by up to two thousand dollars a year. mitt romney's middle class tax increase. he pays less. you pay more. the city of aurora, colorado tonight is asking residents what should happen to a movie theater where 12 people were gunned down. the century 16 theater has not reopened since the massacre back on july 20th during a packed screening of "the dark knight rises." the city has a link on its facebook page to an online survey. suggestions for the site include tearing the theater down and replacing it with a memorial. or reopening the theater with a new name. the theater chain that owns the building has not commented. three daycare workers are under arrest tonight, accused of encouraging 3-year-olds to fight each other. and police say they videotaped the whole thing. it happened at a daycare center in dover, delaware. police have reviewed the video and say it is shocking. the women are charged tonight with assault. a high school valedictorian in oklahoma created such a stir with her graduation speech, the school took away her diploma. as sarah stewart reports now, it all stems from the teen's love of the "twilight" movies. >> welcome to preying, home of the national shrine of the infant jesus and, of course, the colacci festival. on this first day back to school, the town is becoming more widely known for something else. >> that four-letter word is what got me in trouble so -- >> reporter: as caitlyn newtbar settles into her dorm at southwestern oklahoma state university, she is getting calls, literally, from all over the world supporting her quest to get her high school diploma. >> i did not think that it would get that big at all. >> reporter: during caitlyn's value dick torn graduation speech she talked about people asking her what she wants to be. >> they're going to ask us what we want to be and we're going to say "who the hell knows?" and that's it. >> reporter: caitlyn's words mirrored another graduation speech from one of the "twilight" movies. >> who the hell knows? >> reporter: last week, caitlyn's father described the reaction from her high school principal. >> went to the office and asked for the diploma, and he said your diploma is right here, but you ain't getting it, closed the door, we've got a problem. >> reporter: the principal told her she could not have her diploma unless she wrote a letter of apology for using the word "hell" in her speech. >> i don't want to, because i'm not sorry, so writing an apology letter that's just going to be a lie which if they're saying that my cursing was sinning, that would be another sin. so don't want to have two sins on my hands. >> reporter: caitlyn's dilemma has gone viral. cnn, "the huffington post" msnbc and "the new york post" all picking up the story. townspeople abuzz about the controversy weighing in on the cursing debate. >> i think that's absurd. a lot of people say hell and i'm sorry, but she is graduating, give her her diploma, let her go on her way. >> there's other things in this world that are more important, and she is a valedictorian, she earned her diploma. she should get it without an apology. >> reporter: caitlyn hopes the district changes its mind but for now will focus on her major of marine biology. but says that could change. >> who the hell knows? i may change five more times. >> now at 6:00 tonight, two teenagers killed in a coal train derailment. the train operator never pulled the emergency brake before a deadly derailment and a picture posted on twitter may be the last images of the two college girls killed. the man who was killed by a hit and run driver on i-95 apparently was just trying to do a good deed. and late today, mitt romney urges missouri congressman todd akin to quit after his remarks with rape. but akin has other plans for the senate race. i'm wendy rieger sitting in nor dorene against letter. >> i'm jim vance. the teens may have never seen the danger coming down the tracks. tonight we're learning more about the deadly coal train derailment in ellicott city at midnight last night. elizabeth nass and rose mayr were killed. it was their last night of summer before going back to college. darcy spencer is at the scene now, a place where young people have been playing for years. >> reporter: national transportation safety board investigators say the operator of a train that derailed did not apply the emergency brake before the accident. they say the brake automatically deployed once the derailment