That didnt lead to it, its an absence in facts that will get us to placing that charge. We can tell you there are any numbers pieces of evidence that still have to be analyzed. There are ballistics tests, there are witnesses who we not had an opportunity at this point. Whether the man was in fact having a medical emergency. Sources tell fox 5 the shooter claims his medical state was the reason he didnt realize they were firefighters rather than intruders. Police say thats all part of the investigation. Circumstantially how this incident played out inside the home, who was in what position, what was the position of the door, how many shots were fired to a certainty. Two other paramedics were also injured while trying to help save the lives of the firefighters who had been shot. First responders frequently forced their way into homes. When they believe there is a lifethreatening emergency, prince geoe ems chief says that practice absolutely saves lives. However, this shooting could change protocols. Were still in the grieving process and the funeral process so im not going to put out a new order or new directive for the funeral. Very shortly after we will have a process that more clearly identifies what our folks should do during welfare checks that doesnt exist today. Reporter now we know that the gunman was served a subpoena to appear in front of a grand jury. What we dont know is if or when that will happen. The States Attorneys Office says he cant be forced to testify against himself. Meanwhile, Memorial Services for that fallen firefighter are planned for tomorrow and wednesday in hollywood, maryland. Reporting live in Landover Hills, Alexandra Limon, fox 5 local news. Tonight a desperate search is under sps way for a northern missing since friday. Her car was found in shen endou shan endoughia national park. This is where Nicole Mittendorff worshipped and where her friends are going to be praying for her state return. The police are searching a massive area in the. Right now Nicole Mittendorffs mystery is where is she at this point. Rewind to friday, that is when Virginia State police tell us they received the first report that Nicole Mittendorff was missing. The 31yearold is a firefighter paramedic county niir and rescue. She is described as having blonde hair, green eyes, 56, ways about 125 pounds. Her family tells police the last time they heard from her was on wednesday. No one answered the door that at the home she shares with her husband. The mittendorffs are Friendly Faces in a neighborhood that frankly doesnt talk to each other all that much. Right now those neighbors are desperate for news of nicoles safe return. The neighborhood is talking about her and saying that she was missing for two days. Are you surprised . I was surprised, yes, i am. Its very shocking. She striked me as a real good person. She was very nice, i would come out, she would be with her dogs, we would talk for a bit ask her how she was doing. She aesz a really nice person and with everything, im very shocked. This doesnt sound like something she would do, that she would just take off. Reporter theres a lot of concern in this community about her welfare. In a Facebook PostSteven Mittendorff thanked everyone who reached out to him but said was simply too overwhelmed by the number of messages to respond to everyone directly. Virginia state police are asking anyone with information to contact them. Friends and family has also set up their own website tonight. That is nicole find nicole. Com. This Prayer Service tonight starts at 7 30. Tom fitzgerald, fox 5 local news. The former Fairfax CountyPolice Officer who fatally shot a man as he was standing unarmed in the doorway of his home has pleaded guilty to involuntary manslaughter. Adam torres was supposed to go august 2013 killing but he agreed to a lastminute deal that could have him out of jail by june. Paul wagner joins us live from the courthouse in fairfax with the story on this. Whats going on here . Reporter hi, laura. John geeres mother was very much against this deal telling the prosecutor she wanted a conviction and a life sentence. He told reporters today he had to weigh many factors including the fact that the family did not want to put his daughter on the stand a a conviction was no sure thing. Adam torres stood in court today and in a quiet voice said i am truly sorry for my actions. I am heartbroken for mr. Geeres children. There are no words i can adequately say that can suppress my remorse. With that it was over. There will be no trial unless the judge rejects the case of one year in jail. Adam was facing a murder charge wle the deal came together. Given the tortured history of this case and how maura and her family were sidelined, i couldnt bring myself to cross them and force their daughter to testify. Reporter in virginia the defense has the right to which may have been difficult for the family. On that august day in 2013, john was fighting with his longtime partner who had just told him she was moving out. And when geere through a suitcase at her, she dialed 911. After a tense standoff that lasted nearly 40 minutes, adam torres fired one round into johns chest telling investigators gear had sud he beenly dropped his hands. But other officers on the scene that day said it never happened. In a situation like that, dont know what a jury would decide. I was comfortable trying the case. Reporter john geers father says the plea deal his left him with mixed emotions. I feel that it was it could have been a more severe sentence is what it amounts to. And we dont know what the sentencing will be. The judge has got to make the decision on that. If the judge rejects the deal, the case will be given to another judge. The shooting of john geer remained a mystery for well over a year with police remaining silent on the true facts of the case. It took a u. S. Senator, a civil suit filed by the family and help from the feds to finally pry open the facts. Information that was finally medicine public following an order from a judge. Jeff stuart was his best friend and also shot. He was a good guy and he was a good guy that day. I know at the grand jury they asked about was he volatile. He wasnt volatile. He was stubborn. None of that was relevant. It came down to 40 minutes. Thank you. Now, theres already some controversy out here in the county over whats happened today and this comes from a statement that was put out today by the Fairfax County police chief. In his statement he says, quote, the men and women of the Fairfax CountyPolice Department have fully cooperated with all authorities during this investigation. That apparently is in dispute because if you recall in this case, the Fairfax County police chief refused to turn over internal affairs files to the prosecutor and thats when the prosecutor went to the feds for help. Live in Fairfax County, wagner, fox 5 local news. A death at a Montgomery County hotel has now been ruled a homicide. The body was found saturday at the red roof inn on shady grove road in rockville. The victim is identified as a transgender woman named kiana. Investigators believe she was assaulted and killed in her hotel room and may have been engaging in prostitution at that hotel. Police are asking anyone with information to give them a call. Zbl a 24yearold schoolteacher has been charged after an investigation by the fbis Child Exploitation office. Cat lien capitano is a middle schoolteacher there. She was arrested saturday in Fairfax County. Investigators say after Online Interactions she went to a hotel in herndon with the apparent intent of meeting a 13yearold boy for sex. She faces multiple charges and has been placed on school district. Developing tonight it was another frustrating commute for some metro riders this morning. Firefighters found a smoking insulator just before 6 00 this morning. That created some delays for some ride ersz on the blue, orange, silver lines. It took about an hour to fix the issue and service is up and running at speed tonight. Security was really tight for runners and spectators in todays 120th boston marathon. Among the participants were two survivors who each lost a leg in the bombings three years ago. The winners of both the mens and womens races are ethiopian. The mens winning time 2 12 45 and the women finished 2 29 19. How does that even happen . That is amazing. Congratulations. Yeah. Also coming up, actor ma wahlberg was at the finish line. Were going to explain why he was dressed as a cop and why its sparked a lot of controversy tonight. Trapped in high water, rescue efforts happening tonight as parts of texas deals with severe flooding. How one crop turned a noise complaint into a viral National Project thats captured the attention of one big nba star. Caitlin . Hey there, laura and sarah, a beautiful weather day. Temperatures outside in the 80s right now. Should be a very nice evening and it looks like those 80s will stick around for one more day before we have temperatures. Ill have the first look at forecast when fox 5 news returns. Returns. The nra and its Campaign Cash are what stands between us and gun reform. Searing tragedy struck in a place parents felt their children were safe Chris Van Hollen met with nra lobbyists to craft a loophole that would let the nra skirt a new Campaign Finance law and block gun control. But democrat Donna Edwards said no to the nra loophole and stood up to the gun lobby. And she would ban assault weapons. Democrat Donna Edwards, marylands next senator. Working for us pac is responsible for the content of this advertising. New tonight the Supreme Court is hearing arguments in the challenge to president obamas executive actions on immigration reform. The programs could affect 4 Million Immigrants living in the u. S. Illegally. 26 states led by texas are going up against the administrations immigration reforms. At issue, two programs shielding deportation and possibly making them eligible to work in the u. S. Theyre dreamers and college students. They are the next generation of americans who are going to make this country proud and strong around the world. He said im not the king, this is a democracy, we have a process for this. And the day he came out with this executive action, he said i just changed the law. The high Court Appears divided with chief Justice Roberts emerging as a potential swing vote. The court is expected to make a decision by june. Heavy downpours have triggered severe flooding in parts of texas. Emergency crews have been evacuating homes making more than 1,000 water rescues. The rain was falling at some points by as much as 4 inches per hour. Residents whose homes arent flooded are being urged to stay home. And thousands of homes and businesses in the region are now without power. The flooding has essentially shut the city of houston down suspended and schools closed due to the extremely dangerous conditions. Hundreds of flights heading to and from houstons airports have also been cancelled. The flooding threat continues with flash flood watches issued for tomorrow morning for houston, austin as well as sa and dallas. Thankfully no injuries or deaths have been reported in this. Were pretty lucky. Not a drop of water in the sky by any means. Its been a gorgeous day out there. Absolutely. If we could keep this running for a while. We need some rain, i do know that. I know. It has been so nice over the past week, weve had such mild, dry weather. And in fact downright warm today. Everything has been blooming. Its so nice to see all those leaves on the trees again and enjoying what april can be instead of such a cold start to the month as temperatures went from well below normal to now so far above normal. A normal High Temperature for april 18, 68 degrees and today weve made it to so not typical but it does feel nice without any humidity out there. And we do feel bad for everyone in texas with the houston flooding situation. Theres a storm system thats just stuck out in the Southern Plains and its just raining day after day over them and ill show you more on radar coming up at 5 45. But first checking satellite radar in washington and all of the eastern half of the country. Just that blocking High Pressure system thats been there for the past few days. And when this pattern is so blocked, the Stormy Weather stays in the same spot like whats happening in texas. And the nice weather stays where it has been right here overhead of us. More sunshine is on top for today, clear skies again tonight. Lets check those temperatures for you because that has been the big story today. The weekend was nice and mild but noticeably warmer today but we just made it up to 40 degrees here in washington. New High Temperature. 81 in gaithersburg, 81 in frederick and 85 out in culpeper and fredricksburg. Just slightly cooler but mild in 79 in cambridge and 79 in stevensville. Get the grills out because this is some very early summerlike weather. 79 is the temperature right after sunset. Actually now its after 7 00 p. M. 73 by 9 00 p. M. Still in the 60s. It will not be as cool tonight. Another mild day on top for tomorrow. Then we will see some slightly cooler weather and a slight chance of rain well have all that for you coming up in your full Weather Forecast in just a little bit. Send it back to you. Coming up, cop controversy. Why Mark Wahlberg was dressed as a Police Officer and why folks are so upset about it. Thousands registered for the wrong party. Made for tv but no nonsense judge judy is at the center of it. Emotional as he opens up about the infamous rihanna assault. I dont believe that big money can buy votes not in our district. And i wont claim to have single handily passed just about every bill in annapolis. We cant settle for the same old politics, not when our basic rights are being threatened by trump and cruz. Ill stand up to their bigotry and be a passionate voice for maryland women and families. In tv and in business, i built relationships. As a woman in the house, ill do the same to get things done. Im Kathleen Mathews and i approve this message. That is actor Mark Wahlberg who was one of the first at the finish line at the marathon but he wasnt there for the race. He was filming scenes for his upcoming movie. Many people in boston arent happy hes making a movie about the 2013 marathon bombing. The controversy has sparked a strong reaction on social media with one man saying happy patriots day everybody. Enjoy this precious one before the movie. Do you need to be filming on the day of the marathon. Thats 100 necessary. And this woman chimed in saying she hopes he donates his salary in the film to the victims of the marathon. Still, kind of fresh in peoples minds. And on the day of the marathon. Well, cbs is locked over legal profits from the show judge judy. A lawsuit was filed last month claiming it had not received contractually obligated payments for judge judy since 2010. Now cbs is hitting back saying the Talent Agency was paid 17 million for essentially doing nothing for the tv series and that the agency doesnt even represent judge j i went from being on top of the world, number one songs, being like americas sweetheart to being public enemy number one. That was a trailer from a new documentary. If in it he talks candidly about his 2009 assault against his exgirlfriend. And he admits he even contemplated suicide. The documentary called welcome to my life has yet to be released. A lot of people will be interested in that. Oh, yes. Beyonce fans are counting down to saturday. Over the weekend she dropped several teasers for lemonade. The past and the present merge to meet us here. So this teaser announced that lemonade premayors saturday april 23rd at 9 00 p. M. On hbo. Theres been a lot of is it a song, a music video . Entertainment weekly reports that it will be a lengthy concept video. Whats that . Its unclear whether it will include new music. So well just have to wait and see. But the intriguing leadup to it has many people wondering. And of course thats the point. I was assuming she was breaking into the Beverage Market because its the last thing she hasnt broken into, i think. Coming up, voter mixup. How thousands of voters in los angeles, including celebrities, ended up registered for the wrong Political Party. And why the feds are telling Windows Users to uninstall quick time. Plus president obama is backing a new proposal that could save you over 200 a year on your cable bill. Find out how street ahead. The critical new york primaries are tomorrow, but theres also marylands upcoming primary race on the mind of president ial candidates. Republican candidate ted cruz made appearances today in new york and maryland and fox 5 political reporter ronica cleary caught up with him in towson. Reporter ted cruz is thinking about next weeks primary. Before he spoke today he had Carly Fiorina introduce him. Someone he has taken on the trail quite a bit. And the people voted for trump, i think they think that hes going to challenge this system. Well guess what, folks . He is the system. [ cheers ] and the truth is that Hillary Clinton and donald trump are two sides of the same coin. When ted cruz spoke he mentioned the many endorsements hes received, but one endorsement he hasnt received is larry hogan who has decided not to endorse any candidate in the race. Ated cruz is polling third here in maryland with donald trump inned lead followed by john kasich. The them in cruzs remarks today. If we use night we will win this party. We will beat Hillary Clinton and we will turn this country around. And yet im word of hope and encouragement all across this country. People are waking up and help is on the way. [ cheers ] reporter so who will you be voting for in next weeks marylands primary . Does ted cruz have your vote or do you think the polls are right and donald trump will take it . Tweet me your thoughts. Reporting from towson, maryland. In california thousands of voters including several celebrities registered for the wrong party. The l. A. Times conducted a survey and found three out of the four members of the party didnt realize they had enrolled in Political Party that opposes abortion rates and same sex marriage and calls for building a fence along the southern u. S. They were trying to register as an independent. Zbl the Homeland Security department is issuing a warning about quick time for windows. The department is advising users to uninstale apples quick time video player after two new bugs were found in a software. They say the software could be vulnerable to Cyber Attacks because apple will no longer be providing security updates. Experts say hackers could take control of affected systems. The president is backing a new plan that could save you a couple hundred dollars a year on your cable bill. Federal Communications Commission is working on a new rule to forbid Cable Companies from requiring customers to rent cable boxes. The boxes can run more than 200 bucks a year. The new rule would alieu customers to own their own cable box and give them more choices. I like that. So who could forget this scene . Former nba star Shaquille Oneal playing against kids in florida. A neighbor called police on the kids who played a pickup game saying they were being too loud. Listen to this. Somebody calling to complain about kids playing basketball on the street. When the officer arrived instead of making an arrest he started shooting hoops with the kids. He told them he would be back with some backup. I told you i was going to bring some backup, right . I got some backup for you all. Oh, yeah. That video quickly went viral and of course it also inspired officer white to create a new foundation called hoopsn thought of that, took action on it and took it further and followed up. I know. And hes like come on, im sure he gets the call about a noise complaint about being basketball. Shaq was a sheriffs deputy so he is very active in Law Enforcement. So they have a good connection. So it helps to know the right people in a situation like that. I love that. Weve got no basketball to talk about here. We have hockey to talk about. Because we are in the midst of stanley cup fever around here. Theyre up 20 but the caps leading a series 20 have never won game 3. They want to change that tonight. Caps and flyers moving up 95 for two games starting this evening. They were on the ice this morning for practice but expect the flyers to play with extra heart and emotion tonight as they pay tribute to their late owner who died last week. A lot of times youre at home, you have people visiting people, people trying to help you win the games. And you get distracted. You do. Unfortunately people that are around you care or people that are in your circle of friends feel that they can be helpful. At this time of year where it is probably a little bit incorrect. Dplo that will do it. Dusty baker says hes doing mvp star stuff and baseball writers agree and the os want al honors as well. Off season workouts of the nfl starts today. About as voluntary as your mom saying you dont have to come but. Still some movement on the nfl medical front. A federal billion settlement that Roger Goodell made with players over concussions they suffered on the field. They objected to that deal because it doesnt cover potential victims of cte. [ gangnam style playing ] ladies and gentlemen, meet the Milwaukee Bucks grand dancers. The team had an awful season but this could be the highlight. The dance squad doing battle with the young bucks. By the way, the numbers on their uniforms thats their age. The granddancers won the battle. They they got some moves. 84. Was that an 84 back there . Theyve got to be the coolest grandparents ever. Gives them something to get excited about too. Thats awesome. Good sports. And theyre all better dancers than me. We would like to see that sometime. No. Coming up, a big oops. University mistakingly sends out more than 5,000 acceptance letters to the wrong students. And attention students put away your laptops. Why experts say taking notes with your computer could be affecting your grade. A new app for specifically soontobe college grad. How it could help them figure out what jobs might be a good fit. Remember when you just had to take notes with hard to go back. Going to be hard to go back from this weather. Highs today 85 at Reagan National out at dulles 83, bwi83, 15 degrees above normal. Well get another one tomorrow. Stay tuned and ill have your forecast and the rest of the 7day when fox 5 news at 5 00 returns after this. So you want to get your little ones out and active . Well there are lots of options when it comes to kid activities here in the dc metro area. And here is a great new way to sample classes. The jumpit pass allows you to pay a monthly membership and you can check out all kinds of classes in your neighborhood there are different plans 59 bucks a month for three classes, 99 will get you unlimited classes each month. Right now they are offering a promotion for 50 . You can check it out on jumpitpass. Com. Its kind of like class pass. Its just a fun new way of getting out of the house with the kids. Spring concerts. That was from sound of the city at our fox 5 spring Concert Series last saturday. Were going to be back at it this friday with a group a lot of you know and love, secret society. In 2015 they were nominated for a whammy by the Washington Area music awards for contem rarry group. Take a bit of a listen. They sound great and you can hear secret society perform new and original music at 17th and k streets. Allison seymour and wisdom martin will be hosting that show on friday. It all starts on fox 5 morning news and well be getting going during good day dc. And its all free. It is free so come on down or tune in as fox 5 rocks on friday morning. We will be broadcasting it live. Going fob a lot of fun. We are talking about the rain chances by friday but that might be beautiful weather out there. It feels like it should be friday. Nice weather from the weekend carrying over to the workweek and warmer as we take a live look outside right here in northwest dc. Feeling like june weather and we have been making up for the lawsy start to the month and then some. Lets get to your headlines now clear and mild again tonight. So while weve had a string of cool mornings last week had a lot frost to start off in the morning, with temperatures in the 50s that is not a concern. Temperatures return to more seasonable numbers and by friday shower chances returning possibly even a thunderstorm later in the day on friday. The timing is on that. Satellite and radar just as it has day after day, huge block of High Pressure system sitting clear just about all the way to the mississippi river. Despite the weather in the east, it has been rough in the central plains. A large system that cant move east ward has been producing rains and snow where they have been measuring feet of snow in the denver area. Unfortunately widespread flooding in the houston area earlier this morning that began late last night and its stuck over the same area. Theyve been getting several inches, 7 to 14 inches of rain have compounded the area from late last night. 4 inches in one hour at houstons international airport. You can see the storms are still lining up. Through wednesday. Outside back home here beautiful temperatures, 84 in washington, 82 in baltimore, 81 gaithersburg, 82 out at dulles. All across the northeast seeing those mild temperatures. 78 in pittsburgh. 77 in new york city. A very cool 51 in boston. That front has gone through up there but they had bright blue skies earlier this morning for the boston marathon. Heres the forecast for tonight. High pressure in place, front is off towards our north but were mild out ahead of it. Clear skies and temperatures will fall back into the 50s. Your setup for tomorrow still under the influence of High Pressure and with that southwesterly flow will make it into the 80s. Heres that front coming down from the north. Not going to produce any rain, it will definitely be breezy and by wednesday High Temperatures are only in the 60s. Heres that temperature trend, 81 tomorrow. A much cooler 68 on wednesday but still mild and those temperatures get back into the 70s thursday and friday. Overnight low temperatures around the area ma 50s here. 52 gaithersburg, 51 in frederick. So pretty comfortable despite the fact that its milder. Tomorrow afternoon almost everyone here into the 80s, maybe even some mid 80s north and west. Bus stop forecast, mild barely need a jacket and after school were in the 70s and 80s. Breezy and cooler by wednesday, 68 degrees. Tomorrow will be breezy with that front passing by despite the high of 81. Late day shower 70 watching for a thunderstorm friday and the weekend itself looks gorgeous, temperatures itself back into the 60s and 70s. It looks like a nice week despite the rain chances. Lets head over to tony and shawn for a look at whats next on fox 5 local news at 6 00. Hello. Hello. Good to see both of you and good to see you as well. Thank you, tony. Have you ever felt sleep deprived and decided that the solution was to catch up on your sleep in me too. New you any good. Well break it all down at 6 00. Were going to introduce you to a High School Senior who is going to do just about anything to pay for college even if it means standing on a corner. Her unconventional plan to pay for higher educational 6 00. And imagine going to the dentist to get four teeth pulled and waking up from the anesthesia and finding out all your teeth are missing. This happened to a man. Now of course he is suing. Well have that tonight at 6 00. A heartbreaking mistake out of upstate new york. This is the time of year when High School Students from all over the country are eagerly awaiting good news in their mailboxes from the their dreams. Last week more than 5,000 students got that good news. They received acceptance letters from the State University of new york and buffalo. The problem was they werent really accepted. At least 5,100 acceptance letters were sent out by a mistake. They sent out an apology saying they are still being considered for admission. Students who want to get the most out of their lectures should ditch the lop tops for pen and paper. Researchers say laptops and tablets are way more distracting. It forces students to only write down the m information leaving them with more useful notes. I absolutely agree. Its funny when were out in the field doing our jobs, i have an iphone and i try to take notes on it. I cant stand it because auto correct constantly im fighting it. I need pen and paper. I agree. Meanwhile graduation is right around the corner and job search beginning for many people. Linkedin is unveiling a new app today taylored for those grads. Linkedin uses their database of 400 million professionals based on the major they suggest companies that tend to hire from their school and the career paths of recent alumni with similar degrees. So it could be a helpful way to find that right job for you. Blame it on that man, apparently. Watch claim it was a super hero. The nra and its Campaign Cash are what stands between us and gun reform. Searing tragedy struck in a place parents felt their children were safe Chris Van Hollen met with nra lobbyists to craft a loophole that would let the nra skirt a new Campaign Finance law and block gun control. But democrat Donna Edwards said no to the nra loophole and stood up to the gun lobby. And she would ban assault weapons. Democrat Donna Edwards, marylands next senator. Working for us pac is responsible for the content of this advertising. Was it you . No. Who was it . Batman. Batman did it. The caped crusader does more than fight crime. This video is wracking up hundreds of views on facebook. The accent too. Thats even cuter. That is just too cute. Thanks for joini at 5 00. Fox 5 local news at 6 00 starts right now. Right now at 6 00. We lived our worst nightmare. Heart break for a hero killed in the line of duty. We prepare for it, we train for it, but we never expect that were going to be there. Plus the latest on the condition of his partner ambushed on the job. Then three years after his questionable death, the family of a Fairfax County man hears an apology from the officer who shot him. And the desperate search for a woodbridge woman who vanished without a trace. The news starts now. And it is good to have you with us this evening. Im tony perkins. And im shawn yancy. Tonight the Prince Georges County fire and Ems Department is coping with the loss of a beloved firefighter. John ulmschneider was responding to Alexandra Limon is live in Landover Hills to get us started. Reporter Authorities Say its still a possibility that the gunman could face charges in the future. They explain they still have several things to do in this investigation including interviewing key witnesses and one of them is that volunteer firefighter kevin swain who is still recovering at the hospital. The States Attorneys Office says they will look at other factors as well including whether the gunmans actions were reasonable. We lived our worst nightmare. This is a situation that fire ems never expects to find themselves in. We prepare for it, we train for it, but we never expect that were going to be there. The Prince Georges CountyLaw Enforcement community once again finds themselves investigating a case in which one of their own was