♪ watch you work, lord help me ♪ [ cheers and applause ] >> well done guys. and after the mia michaels routine, how that worked out, but you young lady, you sure have it going on too. >> i would not in any way, shape or form have wanted to follow ellenore and jakob because that routine was so outstanding. i think you are probably the only couple with this routine that could have done that tonight. [ cheers and applause ] you are such good performers. you're probably, you know two of the best performers as well as being really good dancers. i wish you two had been together from the start because you really are a fun couple working together. mollee, your dancing is just maturing every single time i see you now. >> thank you. >> you're terrific. i hope the pair of you are in this competition for a long time. [ cheers and applause ] >> okay. mary? >> yeah welcome back, pasha and anya! [ cheers and applause ] whoo! yes, those little hot tamales are back and i have two hot tamales in front of me, woo-hoo! oh, my gosh, how much fun was that routine? it was so much fun. and you guys brought it to life. you were feeling it. you're feeling it you're feeling, aren't you feeling it? [ cheers and applause ] whoo! what a great partnership and what a great way to end the show. that's what i have to say. over to you, adam. >> well, according to her, i'm feeling it, so it's all good. no. i am feeling it. i am feeling so good about this pairing. >> yeah. >> you guys are bringing out something really wonderful in each other, incredibly playful. and when we talk about chemistry, it's dance partnership chemistry. and it will be very intesting because i already see that beautiful playfulness respect, a really beautiful respect between the two of you. a great give and take. mollee, you are so back. it is awesome. [ cheers and applause ] >> let's hear it for ms. mollee and russell, everybody. [ cheers and applause ] and now it's time to meet the last of your top ten dancers. jakob. [ cheers and applause ] >> i grew up in a small town called windmer, florida. my dad's whole life was about sports. >> i tried to push him into those things but they weren't to his liking. >> i tried so hard for my family and my mom took me to new york, to the broadway shows and to see ballets. i started to realize i could do that some day. >> i just saw him. i said this is -- it sparked something in him. >> it was a huge motivation and a huge kick in the pants for me to start focusing on dance. my mom keeps coming every week. she loves to watch me dance. >> watching jakob perform is such an emotional thing for me. he just touches my soul. if he wins, it's not so much the fame and the money, but it's just i'm watching it happen because he's worked so hard. [ cheers and applause ] ♪ >> and now, we get to watch his solo. ladi and gentlen, it's jakob. [ cheers and applause ] ♪ to me it's always midnight are you blind ♪ ♪ can you see me standing here waiting in line ♪ ♪ for you are you mine ♪ ♪ not just when you wanna be are you blind ♪ ♪ can't you see me standing here, why don't you tell me what it is i'm waiting to find ♪ [ cheers and applause ] >> come over here, sweet pea. to vote for jakob, call -- remember, these are 888 numbers, not 800 or 866 numbers and please dial carefully. don't vote until we tell you the lines are open. you'll have at least two hours to vote at the end of the show. thank you. let's hear it for jakob. [ cheers and applause ] and now we're turning it over to you. the guy and the girl with the lowest votes will be going home tomorrow. you need to pick up the phone for your favorite to keep them safe. here are the numbers one more time. ♪ ♪ ♪ ♪ ♪ [ cheers and applause ] there you go. those are the numbers, i don't know how america is going to choose. all i have to say is good luck to each and every one of you. the lines are open. join us tomorrow at 8/7 and we have a dance from lxe, and plus, we've got snoop dogg with some very special friends -- quest, they're going to be performing with him. of course, we have your results. thanks to our judges. thanks to our great studio audience here. you have been fantastic. but most of all, thanks to you for watching. stay tuned for your local news. i'm cat deeley. od night. . i make this decision because i am convinced that our security is at stake in afghanistan and pakistan. president digging in afghanistan ordering 30000 more u.s. troops overseas to battle the taliban. thanks for joining us this evening. i'm shawn yancy. i'm brian bolter. those troops are deploying in just weeks adding to the 71,000 u.s. service members already in afghanistan. but the president is promising they won't be there long, pledging to start a withdrawal in just 18 months. tom fitzgerald is live in the newsroom with more on the president's strategy. >> reporter: the president has been weighing the decision. it seems tonight obvious that the option the presidenhas chosen a third option. at the u.s. military academy in west point tuesday, the commander in chief weighed down his orders. >> afghanistan is not lost but for several years it has moved backwards. >> reporter: his solution? a massive influx of u.s. military forces. >> i have determined that it is in our vital national interest for send -- to send an additional 30,000 u.s. troops to afghanistan. >> reporter: the new u.s. troops could arrive as early as christmas with the entire force in place by summer, but the president has also made it clear that the troop increase will only last until 2011. >> after 18 months our troops will begin to come home. these are the resources that we need to seize the initiative while building the afghan capacity that can allow for a responsible transition of our forces out of afghanistan. >> reporter: and it is that time line which the president's foreign policy critics are already seizing on questioning the strategy of announcing withdrawal timeline before the new troops even arrive. >> you're giving insights to the enemy about what your plans are, and you don't want to do that in a war. >> reporter: there are other concerns. groups like the iraq and afghanistan veterans of america say the u.s. is already lacking in providing services for current veterans. >> when you're committing 30,000 troops, you're also committing them and their families. you're committing to them a lifetime of care and services that need updating. >> reporter: but with this increase in troops, president obama now takes full ownership of a war he did not start but says he intends to finish. >> thank you. god bless you. and god bless the united states of america. >> reporter: there are also big questions tonight about how the administration is going to p for all of this. the white house estimates these extra troops will cost about $30 billion already some republicans tonight say they would like to see some of that money come out of the stimulus funds that have not been used this year. >> tom fitzgerald live in our newsroom. thank you, tom. we're following new developments now in the white house party crasher investigation. the associated press now publishing e-mails between the salahis and a pentagon official. the couple claims they went to last week's state dinner hoping to a last-minute addition and they were on the list when they arrived. that's what they claim. but that pentagon official is telling a much different story tonight. fox 5's bob barnard kicks off our team coverage. >> reporter: the pentagon official who works for defense secretary gates was trying to help the salahis get a last- minute invite to last week's state dinner. but according to those e-mails just obtained by the associated press, michele jones wrote the couple that day saying, quote, "i will call or e-mail as soon as i get word on way or another but it doesn't seem likely." as we all know now, the salahis went anyway and tareq sent miss jones an e-mail thanking her and saying they had a wonderful evening. jones allegedly wrote back, you're most welcome. i hear the smile in your e- mail. i'm delighted you and michaele had a wonderful time. just the latest twist in this bizarre story. out of hiding for the first time in a week. mick hale and tareq -- michaele and tareq salahi seem to be basking in the limelight. earlier the couple appeared more somber during an appearance on the today show. >> our lives really have been destroyed. >> everything we worked for, matt, for me, 44 years, just destroyed. >> reporter: thanks to the fallout from the publicity hungry couple's uninvited appearance at last week's state dinner. >> we were invited, not crashers. there isn't anyone that would have the audacity or the poor behavior to do that. >> reporter: that's not what virginia governor tim kaine thinks. he knows the couple, even appointed tareq salahi to the state wine and tourism boards. >> if somebody had said to me, hey, some virginian was trying to crash your party, i think i would have guessed who it was in five seconds. >> reporter: the salahis claim they own the only winery in north america rated top ten in the world. it's called oasis. doesn't much look that way tonight. in fact, the salahi family winery south of front royal, virginia is in chapter 11 bankruptcy, on the market for just under $5 million. bankruptcy records show the couple is more than $2 million in debt. the cable network bravo has been videotaping the salahis in the couple's quest for fame and fortune and to get a spot on that reality show. bravo and the today show are both owned by nbc universal, shawn. >> thank you. the secret service is changing some of its screening policies in the wake of that security breach. sources say a staff member from the white house social office will now be with secret service agents at the gate to make sure everyone arriving is actually on the list. the white house spokesman says the president and first lady are angry about what happened last week. >> if your name isn't on a list which theirs wasn't, if your name wasn't -- if you didn't get an invite which they didn't, you shouldn't be here at an event. that's for the safety and security of the president and his family, but also to other guests. i don't think there's any doubt the secret service has said those individuals should not have gotten on the complex. >> robert gibbs ranks the party crashers offense at about 7 or 8 on a scale of 1 to 10. now to the fallout from a story you saw first on fox. the salahis accused of crashing another party. the black caucus dinner a month ago. also there, the president and first lady. tonight some lawmakers are fuming. fox 5's will thomas broke the story last night. he joins us now with an update. >> reporter: publicly the salahis have tried to portray themselves as part of washington's social elite. as you've been hearing for days now, what you see isn't always what you get. as we discovered four weeks before the white house dinner, officials with the coressional black caucus foundation discovered the salahis at their dinner in a $20,000 per table section without an invitation. >> these people have just pie neared a new way -- pioneered a new way for the terrorists or people who want to do harm to the president or elected officials or to real celebrities to get in. forget the barriers. pretend like you're one of them. >> reporter: the congresswoman known for not mincing words isn't about to start now. >> these people look like they've never spent a quarter on a ticket. >> reporter: delegate norton is a member of the homeland security committee that will hold a hearing on the white house security breach. >> if i'm al qaeda, i know i can't get past the barriers but maybe i can con my way in to do some harm to the president and to other elected officials. we've got to send a message don't even try it. >> reporter: tareq and michaele salahi could also be asked to answer questions about their attendance at the black caucus dinner in september. as fox 5 broke monday night, the foundation discovered the couple was not invited to the dinner. foundation officials say they found the salahis sitting at someone's table. >> i told our security guard that we're going to walk out and walk them out and they're not going to be allowed back in. >> reporter: just hours after our report, the couple responded in a morning network interview. >> we were invited there by the gardener log group. we were guests of theirs, proud guests of theirs. and, no, we were escorted out? of course not. >> reporter: the congressional black caucus foundation tells fox 5 there is no record of a gardener law group purchasing any tickets. repeated calls to the office and e-mail attempts went unanswered. >> i checked with the black caucus today. they confirmed they were escorted out. >> reporter: during our interview with delegate norton, news broke that another congressional committee examining investigative missions of the secret service may question reality show producers currently documenting the salahis' lives. it would be a probe to find out if they knew about the couple's alleged crashing shenanigans. bravo tv says production crews were filming the couple the night of the white house state dinner. the footage may be used for the first season of the real house wives of d.c. >> if they part neared -- partnered with the salahis in order to film them busting into the white house, theyneed to come and tell us why. >> reporter: officials with the congressional black ucus foundation also revealed to us bravo tv managed to get two tickets to the v.i.p. reception held prior to the dinner the same nig, same venue, the d.c. convention center. our soues tell us the salahis had those tickets but not dinner tickets so they made it inside we're told from our sources through what was described to us as a busboy entrance. >> will thomas tonight. the homeland security coittee meeting is set for thursday. the committee hasn't been forced to subpoena any witnesses in its seven-year history. but that could happen if the couple declines to appear. tonight an arrest in a hit and run that sent a 4-year-old boy to the hospital. it happened this afternoon on brighton avenue in lexington park, maryland. police say the driver stopped for a minute after hitting the boy but then took off before police arrived. roby chavez is live in our newsroom now with the story. >> reporter: shawn, good news on two fronts tonight. the little boy survived the hit. also sheriff's deputies have arrested the alleged driver of a 2007kia which allegedly hit the 4-year-old boy. fox 5 news has learned the suspect was driving with a suspended license. 4-year-old jayden mason is like most kids. he loves to play. today he got quite a scare. >> when i looked out the window, he was running back into his arms. >> reporter: his great grandmother says as he ran out into the street, he was struck by a hit-and-run driver in front of the family's home. >> we saw him go up in the air and hit the car on the top. the boy hit the brakes after he fell down on the hood of the car. and that's when he slid off on to the road. >> reporter: witnesses say the car was speeding through the neighborhood street. the driver stopped for just a moment and then left. >> i don't know the speed limit, but i know it's too fast to come through here. sometimes i holler at some of them, warn them that the car is coming. >> reporter: by night fall kids were back playing in the street and st. mary's county sheriff's deputies had made an arrest. turns out the lleged driver had a suspended license and should not have been on the road in the first place. >> they just fly. they don't slow down. they do look out for the kids. >> reporter: neighbors say speeding cars have long been a worry. >> just, i mean, tragedy, you know. i feel sorry for him and hope that he gets better and everything. it's just that people fly through here and think it's a runway which it's not. >> the neighborhood is full of kids. they're on every corner, at every house. down the street. and probably putting speed bumps in wouldn't be a bad idea. >> reporter: tonight jayden and his family and neighborhood friends are counting their blessings after a close call. they hope someone does something to calm the speeding traffic down. >> we need somewhere for -- either put speed bumps in the road so the people will slow down because they go through here kind of fast sometimes. >> reporter: deputies say once identified, the driver did turn himself in. he's charged with fleeing the scene and driving with a suspended license. boit is spending the night -- the boy is spending the night at children's hospital tonight but may be released tomorrow. >> thank you. police in the district tonight on the lookout for this man. they say he shot a woman in the face. officers responded to a call and found the victim outside a nightclub on good hope road in southeast around midnight saturday. she was treated and released from the hospital. investigators believe this man is still armed and dangerous. fox 5 all over trouble at a major toy retailer. toys 'r' us admitting it made a major mistake on one of the biggest shopping days of the year. and this one could cost you. florida police tonight closing the book on tiger woods' weekend crash, but not before issuing his punishment. not sure what to get everyone on your holiday list? we've got ideas for nearly everyone. how about an umbrella in that holiday gift shopping list, brian. we're going to need it. we've got another soaking rain headed this way. we might even have a rumble of thunder. i'm let you know when to expect it and how much rain we may be getting out of this next juicy system. your full forecast a bit later on fox 5 news at 10:00. em) remember when connections to the internet sounded like this - when high speed internet was out of reach of most american families and small businesses? as recently as the year 2000, only three percent of american families had high speed internet. then competition drove innovation - spurred private investment, and the internet took off - at record breaking speeds. at at&t we're taking the lead - investing some thirty-eight billion dollars in our wired and wirelesnetworks over the past two years. last year alone we invested more than any other public company in america. and at at&t we support a national plan that makes high speed internet available to every american family in the next five years - because we know that now is not the time to stall momentum or to stifle innovation or investment. the future is at stake and at at&t the future has always been our business. at&t... your world... delivered. black friday. turns out one major outlet charged shoppers ties. toys 'r' us is fixing a computer glitch that charged customers double. wisdom martin with the toy troubles at toys 'r' us. >> reporter: this overcharge mistake has happened to customers in this area and customers in places like detroit and new york. the family we spoke with tonight says the only thing worse than finding out about this mistake was trying to fix it. mark and amber lee decided to go to toys 'r' us at bailey's crossroad at midnight black friday. >> we got up. we went shopping. we decided we didn't want to stay in lines. >> reporter: they purchased baby clothes and diapers. she spent $41 on his bank card. today when he looked at his statement, he realized there was a problem. >> i noticed that i had two transactions that were the same from toys 'r' us. >> reporter: his $41 purchase was now an $82 purchase. mark and his wife spent the rest of the day trying to resolve the matter. >> so my wife actually went to the store showed them the receipt to try to get our money back. at that point they said they couldn't help her. >> reporter: they made several phone calls to the store and still didn't get any answers. when mark looked on the internet, he found customers in other cities were also billed two times. >> i just hope it's not like someone hijacked the system and has our account information. >> reporter: a statement from a toys 'r' us spokesperson says a system's issue occurred in some of our stores on black friday. this resulted in some customers incurring double charges on their credit cards. the situation did not occur in all of our stores nationwide. we worked quickly to identify the customers affected and any double charges on credit cards have since been reversed. >> i am a little dissatisfied with the customer service that i got. >> reporter: mark says eventually he was told he may get his refund sometime this week. he says he is happy he didn't have a bigger purchase but not happy with the way the company has handled this mistake. >> they should have put it out to the news to allow other people to know about the situation so people wouldn't have to worry. >> reporter: the company says they don't know how many people were affected by this mistake. they say all the credit card purchases were reversed today andebit cards will be credited back to the bank. but that could take a couple of days. if there is an overdraft charge, they say the banks should correct it and if not, toys 'r' us says they will take care of it. >> wisdom martin tonight. more information this evening on a pet food recall sold in stores on the east coast including maryland and virginia. the diamond pet food company now says 21 cats got sick from eating some of its dried cat food. it recalled certain bags of premium edge finicky adult cat and premium edge hair ball. the cat food does not have enough thymine and if cats don't eat anything else they could get sick and die. tiger woods is off the hook with police tonight. his punishment for crashing his suv outside his home, a moving violation and a small final. tonight there is more speculation about the crash and what really is going o. van van joins us now with -- laura evans joins us with new information. >> reporter: another twist but still tonight while floarld investigators have -- florida investigators have closed their case and tiger and his family are staying mum, the fallout just keeps coming. careless driving, that's the charge from the florida highway patrol. >> careless driving is a moving violation. upon conviction, may result in a fine of $164 and four points on a driving record. this was a single vehicle crash with a single occupant. >> reporter: tiger woods went to the hospital with facial cu and bruising but conflicting stories about the accident is prompting speculation about a possible domestic dispute. there are some reports the crash followed an argument between woods and his wife over an alleged affair with new york nightclub hostess rachel uchitel and now at least two more women have come forward claiming to have had an affair with tiger raising further questions poce sources are telling tmz that investigators didn't find any blood inside the suv. after withdrawing from his own charity tournament in southern california this week, woods says he will stay out of the public eye a little longer. eantime back in tiger's florida community, the family that helped the golf champ after his crash has hired an attorney because of the media frenzy. the attorney spoke out tuesday about the incident. >> mrs. woods was worried about her husband. she was concerned. she was asking them to help her. they helped him. they got some blkets and pillows, made him comfortable, kept him from moving until the 911 people got there and they were sure he was in the proper hands. >> reporter: police tonight say there's simply not enough evidence for criminal charges including domestic abuse and they apparently were not able to test tiger's blood so no alcohol charges either. >> thank you. a jury convicted baltimore mayor sheila dixon of taking gift cards intended for the city's poor. a jury found dixon guilty of a can misdemeanor charge but acquitted her on the more serious felony theft charges. the conviction could force her from office but today mayor dixon said she will return to city hall while her lawyers begin an appeal. she's accused of improvely -- improperly using more than $600 in gift cards. she claims they were gifts from an anonymous donor. kenneth buda of northeast d.c. is wanted in fairfax county for grand larceny. they say he either broke into or stole vehicles from around metro stations. he is also wanted by the city of alexandria and prince william county police. anyone with information is asked to give any of those agencies a call. trouble brewing if you ride metro. the agency says you should expect evening delays on the red, blue and orange lines until thursday. commuters should plan on adding an extra half-hour of travel time. work on the red line between medical center and grovesner starts at 8:00 p.m. blue line work starts at 9:00:30 -- at 9:30. we have all the information posted on myfoxdc.com. an alert police officer took down an alleged comkiller. the whole scene unfolded in the middle of the night along a dark road. what raised the red flag? your swine flu fears may be easing and soon it will be easy to get your hands on that vaccine vac -- vaccine. (announcer) if you want directions t the stadium, push here. if you want to see the weather ahead, push here. if you want to access 10 gigs of music you just downloaded to your hard drive, push here. and if you want to pull away from it all, you can push here. the all-new-40-gig hard drive nav and entertainment system on the 2010 lacrosse. from buick. it's the new class of world class. unthink value with the kfc 12-piece holiday feast. get great-tasting original recipe... mixed with kentucky grilled chicken... plus a large cole slaw two large mashed potatoes, and 6 biscuits all for just $19.99. unthink. and taste the unbeatable side of kfc. watching your calories? there's a new option. ♪ now you can get a delicious kgc drumstick and thigh, green beans, mashed potatoes even gravy... all for 395 calories and just $3.95. unthink. and taste the under 400-calorie side of kfc. ♪ ( children giggling ) sometimes, if you wish hard enough, you get exactly what you want for christmas. welcome to christmas town -- a busch gardens celebration. tickets available now at christmastown.com gentleman. the white house is marking world aids day today with a giant red ribbon. it's a symbol of solidarity with people all over the world infected with the virus. president obama is marking the day by repealing the ban on foreign visitors with h.i.v. and aids. it's not just the white house observing world aids day. >> across town aids activists held a vigil to call attention to the epidemic. they're calling for more resources to fight aids. college students at howard university also marked world aids day. fox 5's beth parker takes a look. >> reporter: students on the campus of howard university formed a red ribbon, a symbol of the struggles of 33 million people worldwide living with h.i.v. you might say bianca bailey was a thread of that ribbon. she's an engineering student. she spent her spring break in kenya doing volunteer work. meeting a child with aids taught her a few things. >> this virus is actually real. nobody can even run from it, not even babies. >> reporter: this woman goes by the nickname reality and she tries to give young people a dose of just that, the reality of her life living with h.i.v. >> my family aren't educated and they like to keep it a hush but i want to make a difference. if imhe quiet -- if i'm quiet, how can i make a difference and impact my city. >> reporter: if there's a place that needs an education about aids, it is certainly washington, d.c. the rate of infection here is as high as it is in some countries in africa, and many people who are sick don't even know it. >> the guy that infected me, he didn't know. i mean, he was walking around for years and he just didn't know. so i can't be mad at him because he didn't know. >> reporter: researchers estimate one in five infections are transmitted by people who don't know they are h.i.v. positive. 3% of d.c. residents have h.i.v. or aids. that's well beyond the threshold of a severe epidemic. reality wants to speak to her hometown. she says use condoms and get tested. >> the reason why i am here is because i have a 5-year-old daughter, a 1-year-old son and i'm expecting and i want it to be different with my children. -- want it to be different when my children start dating. >> reporter: for her kids and others, she hopes the message of education travels the world. >> for information on how you can get a free h.i.v. test in the district, log on to our website myfoxdc.com. and a new rapid test for hiv- aids giving people more hope. a new york company developed the testing procedure. it works a little like a pregnancy test with single cartridges that use a small sample of fluid. it quickly gives patients a reactive or nonreactive result. it takes less than 15 minutes. the swine flu vaccine is closer to being available to everyone. some local health officials have already started giving the h1n1 vaccine to anyone who asks for it. federal health officials say it shouldn't be long until it's the same everywhere. en thou the number of infections are dropping, experts are still urging people to get the vaccine because there could be another wave after the new year. a former beauty queen has died from complications following cosmetic surgery. 38-year-old salage magotto was crowned miss argentina in 1984. a friend says fluid used in the procedure went into her lungs and brain and she died from a pulmonary embolism. an all out nationwide manhunt for the suspect accused of killing four police officers all comes down to one person. what he says went down right before he shot and killed maurice clemmons. gay couples in the district getting the green light to marry but that won't be the end to this battle. plwous ..rn-9 a manhunt for an accused cop killer ends with more gunfire. a single police officer shot and killed maurice clemmons. investigators believe he's the man who ambushed four officers in lakewood, washington sunday morning. fox's dan springer has more on the end f this massive search. >> right now it's just a feeling of relief. another tragic time has come upon all of us and we're just glad that this is over right now. >> reporter: investigators say a seattle police officer shot and killed maurice clemmons after stumbling across a stolen car during a routine patrol overnight. police say the officer saw something moving, got out of his car. that's when he saw clemmons and/ored him to stop and show his hands. when he didn't, the officer fired several rounds. >> i just want to thank all my brothers and sisters in law enforcement. i just can't say enough about what they've done the last few days. >> reporter: police are now looking for a motive into the tragic shootings but the answers may have died with clemmons. >> the only motive that we have is he decided he was going to go kill police officers by some statements he made the night before to some people, witnesses we've talked to that wrote it off at the time and didn't report it. >> reporter: police have already made several arrests of people they say were helping clemmons elude capture, including the suspected getaway driver from the lakewood shooting scene. >> aided and abetted in his getaway and doing everything they could to hamper our investigation. we expect to have maybe up to six or seven people in custody by the day's end. >> reporter: before the shooting on sunday, clemmons was facing charges of assault of a police officer and child rape. in charging documents action prosecutors allege clemmons thought he was jesus christ and that the world was coming to an end. dan springer, fox news. a suspected killer now charged in the murders of 11 women. weeks after police found the human remains all around his home. anthony sewall, a registered sex offender was already charged with five of the murders. prosecutors say they will seek the death penalty against him. a suspected murderer today admitted to robbing a virginia gun store. take a look at this video of anthony roberts inside the loudoun gun store back in april. today he pleaded guilty to knaub of charges including breaking in, stealing guns and possession after firearm by a convicted felon. roberts was sentenced to sen years in prison. he's already serving time for several other burglaries. prosecutors say he's also a suspect in the murder of william bennett, the virginia man beaten to death on a jogging trail in riverside parkway last spring. may not be able to light up in some virginia restaurants and bars. the state's new smoking ban went into effect today. most restaurants and bars are required to offer nonsmoking rooms with separate ventilation systems. they're also required to ask employees to sign an aft if they're -- affidavit if they're willing to work in a smoking section. earlier today council members voted overwhelmingly to legalize civil marriages for gay couples. but as fox 5's karen gray houston reports this is just >> you have the bill before you as amended. all in favor so indicate by aye. >> mr. chairman? >> roll call. >> reporter: the roll call vote was for same-sex marriage by 11- 2 with council member after council member saying they wanted to enhance and protect human rights. >> i believe this bill is deeply american. >> we move through domestic partnership, needle exchange. >> reporter: the vote came despite a rigorous campaign waged by area ministers who say they want to protect the sacred institution of marriage from redefinition. >> it's not about love. it is about what's best for society. it's about what happens with children. >> reporter: the two no votes from yvette alexander and marion barry. >> the majority of african- americans in my view are deeply -- not just slightly -- deeply oppose this. >> reporter: the archdiocese of washington also remains deeply opposed. the catholic churn provides many social service -- church provides many social services programs. the church doesn't require gay weddings but they want exemptions so they can refuse to provide services related to gay couples and still receive funding for the services they provide. >> you need to certify that you abide by all civil laws [ inaudible ] within our own church we can't do that. >> reporter: the catholic church is still working with the city council tcome up with some sort of compromise. opponents accuse them of trying to bully the city. meanwhile other ministers are in court trying to get an an hi gay -- antigay marriage initiative on the ballot. >> the city council takes up the matter again for a final vote december 15. if approved as expected, it would go to capitol hill for a 30-day congressional review before it passes. want to get something you know your family is going to love to see under the tree? from video games to "twilight " we've got the scoop on this year's hottest gifts coming up. a man's wedding turns into chaos when two women go after the groom. find out why when we come back. ysimt aid trouble is brewing for the washington capitals. alex ovechkin is off the ice. >> first side lined because after knee injury and word today he's being suspended. dave feldman here now to sort it all out. >> the caps somewhat expected this although they ctainly don't agree with it. the league suspended ovechkin for two games today without pay. it's ovechkin's first nhl suspension and it will cost him just shy of $99,000. the incident occurred in the first period of yesterday's 3-2 win over the carolina canes. ovechkin siding up and hitting tim gleason. he stayed down on the ice. then had to be helped off it. he didn't return. he was given a five-minute major for kneeing and a game misconduct for the hit. the second time in three games he's been ejected which brings up a very good question. does alex ovechkin play too hard for his own good? >> you just have to stop playing how you play. if i'm going to stop playing how i play, i'm going -- [ indiscernible ] just, you know, i -- [ indiscernible ] >> alex plays hard all the time. i don't think there's a malicious bone of him trying to hurt anybody. he just plays hard and he plays to win every shift. >> ovechkin leads the capitals with 18 goals, 30 points, 44 penalty minutes. he missed six games earlier this season with an upper body injury. the first time in his career that an injury has cost him more than one game. guys, ovechkin will sit out thursday against florida, saturday against philadelphia, although to be honest with that injury, he might have missed one or both games anyway. >> rest up. >> so he's got to rest up although without $99,000. >> go get your bathroom break now, feldy. >> thanks, shawn, for bringing that up again. now to a little more serious news. three men tried to rob a church in the middle of sunday services. wait until you see who fought off the thieves an ved the offering plate intlz plus, take a look at this deer in some serious trouble tonight. how crews finally got him back to dry land. >> i'm glad that has a happy ending. we're only going to have a few hours of dry land ourselves tomorrow. we have another big soaker headed in our direction. i'll let you know when to expect our next round of rain. the forecast coming up after the break. ♪ my son loves to sing. alejandro has a brain tumor. his doctors turned to st. jude children's research hospital where we have helped 85% of children survive the most common brain tumor. ♪ wow, beautiful. give thanks for the healthy kids in your life. and give to those who are not. go to stjude.org or shop wherever you see our magnifying glass. disbldz the clock is tking down on the frenzy to fight the best gift this season is heating up. >> reporter: the holiday shopping season is officially underway and the brawling over your gift budget has started, too. video games are among the hottest stocking stuffers this year, and nintendo and sony have taken the gloves off. the wii has lots of new sports titles. poke mon and jillian michaels fitness ultimatum 2010. not to be outdone, former champ playstation has their own stack of exclusive titles. >> action adventure, platformer. we've also got a crack in time, -- [ indiscernible ] buzz quiz world. >> reporter: both systems have versions of the world adventure with an exclusive song from skateboard legend tony hawk has built his own board to ride on wii and playstation. hollywood won't be left behind. the number one movie in the world is offering an array of pro-vampire and werewolf ware. "twilight" merchandise including jigsaw puzzles, calendars, action figures and jewelry. >> i suppose you want a kiss. >> reporter: the new disney feature "the princess and the frog" caters to the little tykes with everything from dolls and stickers to a cookbook and digital camera. >> note noatd it's not what i'm used to ♪ >> reporter: alongside countless christmas releases from major artist, look out for the send cd from "glee" featuring a whole new set of hits from the fox hit series. in hollywood, casey stegall, fox news. >> i know what i'm getting sue palka now for christmas, that "glee" cd. a wayward deer back on dryland after getting stranded on the rocky shores of governors island in new york. the buck swam from new jersey to the island. officers tranquilized the deer and took it to a nature preserve on staten island. there's a happy ending. temperatures cooling off here, but they're down right cold in other parts of the country. check this out. lubbock, texas, a mix of sleet, snow and rain causing a lot of problems in the deep south. lubbock clocked only a half- inch of snow for the whole season last year. forecasters say they'll see a lot more of this this year thanks to el nino. >> good old el nino. > i know. we could see that on the radar tonight, too. not a good sign. that is part of the same storm that will be heading in our direction tomorrow. >> you said umbrellas. >> yes. we will not need shovels with this one. we'll need umbrellas. it's growing to be pretty heavy rain maybe an inch of rain. you glad you didn't wash the car? >> i'm waiting for you to give me the okay. >> we have another storm to talk about too. that will be later this weekend but a very active pattern. el nino is definitely the reason for that. so december 1 is here. we're off to a pretty nice start and it's pretty comfortable out there tonight and it's also dry at this hour. our high temperature today was in the low 50s but all that sunshine made it feel really great. max hd headlines. the rain will be back tomorrow afternoon. the commute in the morning will be dry. but maybe by -- as early as noon just south and west of d.c. we may see those showers developing and certainly the evening commute will be wet. guess what? there could even be some thunderstorms late in the day. some of those storms could even be on the strong side well south and east of d.c. but we could hear a rumble of thunder as well. i think prime time for us to get the most activity is between 6:00 and 8:00 tomorrow evening. thursday should start off mild. it will be a breezy day. temperature will drop just a little bit as we go through the day. colder for the weekend and a second storm to watch, too. very similar scenario except the difference is colder air will be in place. so we may have to start talking about a rain-snow mix depending on the track of the s