transylvania county man charged with first degree murder continues. richard o'shields is accused of shooting and killing toby mathis in 2011. >> holly: news 13's lauren brigman is live outside the courthouse in brevard. lauren, several people claim they saw o'shields pull the trigger. >> lauren: yeah, witnesses say that o'shields came into the rosman dollar general store and began firing at mathis. authorities say o'shields shot him five times. prosecutors are calling this a revenge killing. they say that o'shields killed mathis as payback for his son's death. mathis was charged with involuntary manslaughter for the death of o'shield's son joey months prior to the shooting. on friday, the jury heard from prosecution witnesses including the county's medical examiner at the time of the killing. he detailed a diagram of mathis' wounds. a detective with the transylvania county sheriff offense department testified lead fragments were found at the scene and the jury saw surveillance video from the with news 13 who claimed mathis was getting off easy. witnesses are also expected to outline the issues o'shields battled at the time of the shooting. that is expected to take place today as the defense begins to prevent -- present its case. now, some of those issues that they say o'shields battled with include a stroke, ptsd and alcohol problems. the trial resumes this morning here in brevard. live in brevard, lauren brigman, news 13. >> holly: pickens county sheriff offense deputies are investigating a homicide. deputies say a woman's body was found yesterday morning on a boat ramp at saluda lake. the restrict is identified as 35 year-old sara conof south carolina. no other information is released at this time. >> jay: police in south carolina are searching for two people responsible for shooting shots were fired intogr> jay: we have a developing story out of charlotte. governor pat mccrory vows to take legislative action if the city approves a nondiscrimination ordinance. it would allow people to choose which restroom to use based on their gender identity. city council will vote on the measure tonight. in an e-mail to charlotte council members governor mccrory wrote the shift in policy could create major safety issues by putting citizens in possible danger from d.j. iant action. and that it will most likely cause immediate state legislative intervention, which he says he would support as governor. >> holly: we are one day away from another battle for the race to the white house. tomorrow the republicans will caucus in nevada. democrats are in south carolina, vying for the african-american vote. kenneth moton reports. >> reporter: this week is the early presidential contest, a switch. >> we just won nevada. >> reporter: it's the democrat's turn in the deep south while the republicans are now out west in nevada, for tomorrow's caucuses. >> we are going to keep winning. we are going to make america great again. >> reporter: this morning, donald trump is still riding high after his big weekend win in south carolina. he scored all 50 of the state's delegates, winning evangelical voters. >> you know, i didn't know i was going to win by that much. and we won by a lot. it was sort of record-setting stuff. >> reporter: the gop pack is down to five contender, jeb bush is out. the two cuban american freshman senator, left to battle it out to become the trump alternative. >> donald trump has demonstrated he has a relatively high floor of support but he has also got i think a secret. >> reporter: hillary clinton is favored in south carolina. she is focused on the supertuesday states like texas, >> some may have doubted us, but we never doubted each other. >> reporter: it was also another big rally for bernie sanders in south carolina. he got celebrity help from actor dan noninvasive glover. he is working to court the black vote which led to an awkward lukewarm reception at this predominantly african-american church. >> thank you. >> reporter: tomorrow night, sanders and clinton will hit the stage for a democratic town hall at the university of south carolina. the republicans will spend today rallying in nevada, with the latest poll has trump leading by 26 points. kenneth moton, abc new, washington. >> holly: the u.s. supreme court is back in session today for the first time since the sudden death of antonin scalia. oral arguments will get underway at 10:00 this morning. chief justice john roberts is expected to mention his passing during a speech. his seat is draped with a black he was 79 years old. president obama vowed to put forward a nomination to fill the vacancy. >> holly: family members said danielle jones found a roommate on craigs list and the man lived with the 23 year-old for a week before assaulting, and he called the 911 tells police he was attacked by jones and killed her in self-defense in the apartment. >> self-defense is a black eye and broken nose. he is 6' 2," 160 pounds. he is athletic. he could have knocked her out. >> holly: doctors believe she may have serious brain damage. the suspect is charged with attempted murder. >> jay: family members and local schoole to officials hope the community will help them find the person responsible for killing a first grader. the boy was shot dead while playing outside his home in florida. his aunt said she has already lost four family members to violence. and the community is silent? a six year-old! and the community didn't see anything? in broad, open daylight? >> jay: family members hope someone who knows something will come forward with information about the shooting. >> holly: firefighters investigate how a megeg bus in illinois went up in flames. by the time they got there, the bus was engulfed. passengers say they smelled rubber from the start of their trip in chicago. at one point, they heard a loud pop and then a big explosion. >> when i came out of the bath room i smelt smoke and i could heartily get off because it was full of smoke and i started walking down the highway and the bus blew up again and fire came from every where. >> holly: the driver and passengers managed to get out of the bus before the explosion. >> jay: we have a "early bird gets the win" giveaway this morning. >> holly: we are giving away a 50 minute facial and hand and stone massage at the facial spa in asheville. go to facebook.com/news 13 to enter. >> jay: we will announce the >> holly: a nonprofit town hall will be held today for charitable organizations in the mountains. the meeting will offer previews of major trends, and opportunities for 2016. the free event is from 2:00 to 4:00 this afternoon at the good will center on patton avenue. for information how to register, go to wlos.com and click on "news links." >> jay: a natural gas explosion damages some homes.. >> holly: what was stolen from a home that triggered the gas leak. >> ingrid: here is your monday here is your "harry's on the hill bus stop forecast." . starting off the day foggy. make sure the kids have a rain jacket. we have a chance for rain. especially late today. we will talk about difficult driving conditions this afternoon and how much rain will fall and the temperatures for staying prettyoday is your lucky day. woman: (surprised) oh, my goodness mark: you've just won - a thousand dollars! woman: that's amazing! that's amazing! (shrieks) woman: ok, nice job. mark, way better than yesterday. maria, that delivery felt a little forced. and steve, steve: yeah? woman: i am still missing that raw emotion. woman: pretty awesome for a tuesday, but tomorrow is hump day, so let's really bring it! lucky for life. win a thousand dollars a day, now, in high definition, this is your news 13 skywatch forecast. >> ingrid: i hope you have a really good umbrella, because you will need it this week for sure. let's take look outside on this monday morning. we are waking up right now, this is the time lapse the last hour. just some light showers, moving through the asheville area, around black mountain. also, pulling into southern buncombe county as well, around canton, waynesville, seeing some of the spotty showers around bryson city, robbinsville and andrews in the western zones, too. not a lot of rain this morning. but that chance is out there. it will really go up. our chances starting tonight. and the next three day, we are going to be dealing with this. black mountain camera does show light showers falling if you look through the time lapse starting off damp, but then we carpet sales. haven't picked up rain at the ashville airport just yet, but we have of course the chance to come. this morning staying relatively mild. 44 degrees since midnight because typically we are below freezing, not going to see that for quite a while, actually. so, mild conditions, but it's a trade off. we have the rain, too. 51 in burnsville, to 46 in asheville. and it's almost 10 degrees warmer in some locations in the upstate at 57 in greer, close to 60 degrees in gaffney, clemson, down into. >>ingrid: as well. and the wind is very light here in asheville, light wind right now at forest city and into gaffney. but this is ab important map this morning. as you are about to leave the house, take a quick look at your screen to see where the fog is. morganton down to half a mile, below 2 miles in forest city, visibility cut in half from burnsville to hendersonville. below a mile in our western zone due to the fog and also into anderson. a front will stay mainly stationery across the region, and as i mentioned, some heavier rain expected on the way. so, take a closer look at the timeline here. showing just light showers through lunchtime. more widespread by dinnertime. starting in the western zones of north carolina. and then more widespread overnight with heavy rain possible at times through tomorrow morning. we will still see showers, but then we will get a break. then we will get another round wednesday. and then the chance even for some flooding and severe day. how much rain are we expecting today? well, here in asheville, it's going to be very little. much more further south. maybe half an inch to an inch by tomorrow morning, in the asheville area, but the heaviest rain will come wednesday throughout the day. that's just at 8 a.m.. so, things turn very soggy this week. rain returns late today, 58 degrees in asheville. the heavy rainfall is tonight so keep in mind if you have plans late. greenville 62 degrees and then the showers tonight in the middle 40s. then we turn a little bit cooler and dryer friday and into the weekend. we will drop below freezing, so a mix possible early thursday in the mountains. going to be all rain in the upstate. back over to you. >> holly: a natural gas explosion levels a home and damages four others in a new neighborhood in oklahoma city. >> jay: fire officials say an appliance was stolen out of one of the model homes and, in turn, caused a natural gas to fill up in the house. the officials say a sales person for the new housing community went to the home to check its sprinkler system when he opened the garage door, he smelled gas and turned away to leave. fire officials say he made it five steps before the home exploded. >> holly: wow. >> jay: no one was injured. >> holly: that is amazing. time is 6 :15, unc asheville going for its first victory of the season in baseball. >> jay: find out who stood out for the bulldogs against ohio u. >> holly: remember if you are on the go early in the morning, you can always catch us just by downloading the morning news app jay the app is free. app store. >>luke: former north henderson star zack had his first home run of the season for the unc tar heels. he broke a 5-5 tie against ucla and led to a victory, he went 1-5 for the homer and carolina the heels improved in the season, they have their home opener against oklahoma state, that will be the first of 11 home games in a row for unc. the carolina day girls basketball team won its sixth conservative championship over the weekend. wildcats beat davidson day in the championship saturday. they will catch up with the team yesterday to get their reaction to the big victory. >> it's really exciting because not many people get the opportunity to be a state charch even once, but we have gotten it, but i have gotten it four times in a row and it's still like, it's kind of mind boggling to be able to do that. i guess it's a team that, like, everyone doubted the most out of any team joe has ever had so it felt good to prove everyone wrong. >>luke: congratulations to carolina day. meanwhile the unc baseball team entered for its first victory of the young season, bulldogs hosting ohio university. top of the seventh, bulldogs up adam sprackland strikes out the side with two runners on base for the bobcat, good pitching asheville. bottom of the seventh, asheville up 6. >> 3 when pete guy singles up the middle bringing home oh wans to increase the lead to 7. >> 3. unc asheville gets their first win beating o. u. 7-5. that's a look at sports. have a great start took.com/news your day, everyone, i'm luke notestine for news 13 sports. >> holly: our day is starting off with a little rain and fog, ingrid? >> ingrid: yes, indeed. use caution this morning. this is our drive forecast. we have fog to start, 42 degrees, so it is real livety, very mild outside. you know, typically we are below freezing. this afternoon, some light showers, 58 degrees, and use caution on your evening drive. some heavier rain will begin to fall, 50 degrees by then. while the foggy conditions are causing problems across our region, jaclyn, otherwise, the morning drive is looking pretty good? >> jaclyn: yeah, the interstates and secondary roads if you are heading out towards i-26 into asheville, you shouldn't see any problems this morning. traffic is flowing in both directions between long sholes and brevard road. here is a look at how i-240 westbound is shaping up, it's a nice and smooth 4 minute ride from tunnel road over to the i-26 merge. and checking back on i-40 eastbound, those minor delays we were talking about earlier near dunsmore avenue cleared up. traffic is up to speed there at dunsmore avenue at 61 miles per hour. that's a look at your on-time traffic report brought to you by the wired mouse. >> >> holly: samsung unveiled items during a tech conference in bars barcelona. >> holly: along with the galaxy s. 7 and edge, it showed off its first ever virtual reality device. a camera that can take 360 degrees pictures and videos, called the gear 360. the camera shoots the virtual reality images and transfers them to a samsung phone to be edited. >> holly: the figure 360 is set to go on sale this year but no word on the cost. this is a shot from rio de janeiro. >> jay: look how pretty. feedback we asked who is your favorite disney character. >> jaclyn: danielle says chip off of beauty and the beast, his spunky attitude and many questions ree mind her of her 4 year-old son. >> holly: steam boat willie, one of the first characters who was born in 1928 and one of the first cartoons to ever have sound. >> jaclyn: audrey says goofy is her favorite, his silly sense of humor makes her laugh and she says she wants you to do that just that. >> holly: i like chip and dale, who do you like? >> jaclyn: i like ariel, the >> ingrid: that's my favorite. >> jaclyn: it's because you are both red heads. >>ingrid: how did you know? >> jay: we are honoring the 60th anniversary of disney world. >> holly: we posted pictures to wlos.com. >> jay: take a look at them, they are amazing. 60 anniversary, an aerial view before the park opened. this is the site. >> ingrid: oh, okay. that's what was there before the park? >> jay: exactly. >> ingrid: got it. and then they destroyed it. >> jay: the framework of main street. that's what they are constructing. it doesn't look especially impressive, does it? >> ingrid: no. you went to disneyland years ago? >> jay: it's been about 20 years since i was there. i think it's absolutely gorgeous. >> ingrid: i went as a child a lot but you know i just remember the rides. >> jay: i remember the flowers it's not as big as disney[tdoju> ingrid: really? >> jay: yes. saw that last night in the special on abc. workers lay the foundation for the trolley tracks. they did all this, too, in just a year's time. which is amazing if you think about that. town square, different view. look at this. metal cresting atop city hall. >> ingrid: it's really beautiful. >> jay: it really is. look at the car. >> ingrid: neat. >> jay: it really does date it. sleeping beauty's castle under construction there. this is amazing. >> ingrid: 77-foot tall castle the center piece of disney. >> holly: we will wrap up. aerial view of disneyland park after excavation of the site there. making quite a difference but still by today's standards, it's small. >> ingrid: they opened in 1955. >>ingrid: they did indeed. >> holly: what is your favorite character? >> jay: tiger. wonderful thing about him is he don't you remember tiger from winnie thewinnie the pooh? >> ingrid: i have a kid coming, i have to start reading those books again, right? 46 degrees, showers at the airport. we will talk about difficult driving this morning, how much rain will fall, where you live in the next three days, i will let you know coming up at 6:30. >> >> lauren: today the murder trial of a transylvania county man moves forward. we are live in brevard at a look at what has tacken place inside the courtroom so far. >> holly: one town in texas experiences dark u murky water, what city officials say is the cause. >> >> jay: a plane makes an emergency landing in pitch black. who was flying the aircraft and to save it. now, in high definition, from the western north carolina's news leader, this is news 13 this morning. >> holly: we have a "early bird gets the win" giveaway to start the work week. >> jay: we have a 50 minute facial and hand and stone massage at the facial spa in asheville. go to facebook.com/news 13 to enter. >> ingrid: we will announce winner just before 7:00, so good luck. >> jay: glad you with are are with us. it's monday, february 22nd. >> ingrid: we have some conditions that might slow you down, grab your umbrella, the rain will stick around a few days. conditions reducing visibility. it's very mild anywhere from the upper 40s to upper 50s across the region right now. we will stay in the 50s through this afternoon. with a greater chance for rain. i will talk about when the heaviest rain will fall and when we could see severe thunderstorms in the extended forecast. but, right now, let's get a look at the morning drive with jaclyn. >> jaclyn: good morning, everyone. we are accident and delay free in the asheville area right now. i-40 is in good shape for you. let's take a look at your commute from the buncombe county/haywood county line into town. that drive timing out to 9 minutes. turning over to i-240 westbound, that is a nice and smooth 4 minute ride from tunnel road over to the i-26 merge. and if you are taking i-26 on your commute, traffic is flowing smoothly out there. let's take a live look at i-26 at brevard road here. no major problems except like ingrid mentioned low visibility is a problem this morning. so, be sure to take a couple of extra moments, take it slow on your morning drive. that's a look at your on-time the wired mouse. >> holly: today the defense is expected to call witnesses in a transylvania county murder trial. >> jay: news 13's lauren brigman is live outside the county courthouse in brevard. and, lauren, richardo shields underwent an evaluation before being found competent to stand trial? >> lauren: he did. and now five years after he was charged with shooting and killing toby mathis, his trial is getting underway. since the trial began on thursday, the jury has gotten a look at surveillance video from this 2011 shooting at the rosman dollar general store. prosecutors say o'shields was determined to kill mathis because he was involved in the death of o'shield's son, joey. both dated the same woman and after an altercation joey fell from mathis' truck bed and later died. now, mathis was charged with involuntaryanslaughter. the defense argues that what led to the shooting is not as simple as revenge,o shield's attorney says the grieving father was dealing with many issues which is by he should not be convicted of first degree murder. we will have the latest from inside the courtroom later to they on news 13. live in brevard, lauren brigman, news 13. >> holly: closing arguments are set to begin today in the trial of a woman accused of attacking a pregnant woman from brevard and cutting the unborn baby from her woman. prosecutors say darnell lane lured michelle wilkins to her home in colorado in march of 2015, answering a craig's list ad for maternity clothes. wilkins survived the attack but her baby did not. >> jay: governor pat mccrory will be on hand for the announcement at the henderson county courthouse. last month the county commissioners approved a $7 million incentive package to bring in g. f. lynn march, a car parts plant in mills river. the company would invest $217 million create 350 new jobs. >> holly: democratic candidates are starting to aarea hey head of the conventions. >> jay: and bernie sanders stopped in greenville. >> reporter: it's back on the campaign trail for bernie sanders following a loss in nevada. here is what you need to know following a campaign stop in the upstate on sunday night. >> it's not about the time that you spent, it's the substance yoyo make out of that time that you spent. that's what bernie sappedders has done. >> fired up dan noninvasive glover introduced bernie sanders. the presidential candidate packed his ideas into an hour, student debt, unequal pay for women, campaign finance reform, the criminal justice system and more. one of the highlights these thoughts on donald trump. >> there would be nothing that would give me greater pleasure than in fact beating donald trump and beating him badly. >> reporter: of course saturday is the big day for voters here willhead to the polls in in greenville, justin hinton, news 13. >>holly: hillary clinton is already looking ahead after heroin in saturday's democratic caucus in nevada. victory and held a rally at the texas southern university. clinton told thousands of supporters that it was a great night for her presidential campaign. but she knows she still has work to do. convincing independent voters and others she is trustworthy. >> i think there is an underlying question that is maybe really in the back of people's minds and that is, you know, is she in it for us or is she in it for herself? i think that's, you know, a question that people are trying to sort through. and i'm going to demonstrate that i have always been the same person, fighting for the same values. >> holly: clinton is hosting a handful of fund-raisers today in california before she heads to columbia tomorrow. >> jay: now that the south carolina republican primary is over, most of the gop candidates aree to us can on nevada for this weekend's caucus. donald trump, marco rubio, ted cruz, and ben carson all have events there today and throughout the week. john kasich is the only exception. he is in virginia today, then georgia tomorrow. today about duke energy's plans to convert its plant to natural gas. today staff with the state utilities commission will present their findings to duke's application to the utility commissioners in raleigh. that application requested building a third backup unite. as we reported last week, the utilities commission staff recommended rejecting that third unite. the utilities commission is expected to make a decision by march 1st. >> jay: news 13 investigates your personal information being up for sale.e. and for as little as pennies on the dollar at that. our investigation exposes one state agency selling details about you that could affect your wallet. >> trust them to a certain extent at least and, you know, that doesn't feel right. >> jay: tonight at 11:00, our news 13 investigation will expose which state department it is. how much they are making off the process and whether or not you can actually stop them from handing over your personal data. >> holly: we have an update this morning on a siberian husky that needed emergency surgery in asheville. society posted on facebook that claire pulled through the surgery on her lung, and that she is breathing well on her own. her now week-old puppies are in foster care and on-line fund-raiser has raised nearly $3,000 to help cover the cost of claire's surgery. >> holly: we continue our look at the newest gadgets to help before and aftete your baby's born. >> jay: just ahead the app and >> ingrid: good morning, everyone. welcome back. hopefully you had a fantastic weekend. we are starting off the work week a little damp. grab an umbrella. we are seeing a few showers roll through the asheville area around black mountain, too. and the western zones are starting to see showers wrap up in robbinsville but south of bryson city around sylva we see light showers in northern macon county as well. across the upstate, we are dry. but just cloudy. black mountain camera does show through the time lapse, picked up a little light rain. and it's mild. 53 degrees in our leicester carpet sales news 13 skycam network. haven't picked up any precipitation at the ashville airport just yet. we have a good chance in the next three days. temperatures this morning, very mild. 44 has been the lowest point at the ashville airport. and 31 is typical for the time of the year. so, we are enjoying the mild conditions. but it comes with a price, we have that rain. 46 in asheville right now to 50s in morganton and spindale, close to 60 degrees in clemson and greenwood. we have the 40s and 50s in our western zones as well. wind speeds not too much of an issue thisorning, just light in greenville at 3. we have fog reducing visibility. please use caution eggs personally in morganton where visibility is less than a mile. less than 2 miles in forest city. below a half mile in franklin. andrews 1 1/2 miles. even in asheville patchy fog, 10 is the best victim. now we dropped it down to asheville at 7. and it looks like foggy conditions in anderson as well. looking at the big picture here, slighter across the southeast, the front will stall across the region and give us damp conditions today. and then the chance for some heavy rain and severe storms by the middle of the work week. now, not a ton of rain at 8 a.m. for your morning commute. we have mostly clouds. a few light showers by lunchtime. more widespread by dinnertime. that's 6:00. we will watch overnight. we have covered up with green and then we start to see a breakthrough tomorrow morning. of these showers will come on wednesday. watch i will stop it here. you can see some of the yellow popping up. so flooding a possibility, and severe storms. that will come wednesday late day. how much rain today? it's not showing much at all. less than a half inch at most in our western zones throughout the morning hours. and then we will see more wide spread, especially further south with inches falling across the region through wednesday morning. heavier rain through wednesday afternoon as well. a foggy start and 50s in buncombe county. heavier rain tonight down to 40. in greenville, cloudy and showers late day, 60s and tonight it will stay very mild, in the middle 40s. here is your seven-day forecast, showing rain the next three days with thorms possible wednesday. and then it's cooler with a slight chance for a rain/snow mix early thursday. clearing skies an cooler in the upstate friday through the weekend. right now it's time for another traffic check, jaclyn? >> jaclyn: all right. we have ongoing construction happening that i want to talk project on airport road, of course, is still in progress. so, expect some congest in that area. especially during the morning rush. the project will wrap up in mid june. we are dealing with some new delays on tunnel road right now. get ready for that slow moving traffic from the i-40 ramp on to tunnel road. you can see traffic is slowing down a bit. you are seeing that red on your screen. that's a look at your on-time traffic report brought to you by the wired mouse. back over to you. >> holly: we mentioned earlier this week we are focusing on the modern pregnancy and the digital age, technology plays a big role. francine black has been talking about the baby bump awards, y y were at the consumer electronic show atlas at evaluation learning about the latest and greatest. >> and these are the finalists for the baby tech awards. >> holly: we learned about these products earlier and now we will learn about these three? >> this is is the latest and can check it out, it has a cool design but it also rotates 360, also has tilt, up to four people can actually have k a says to the stream. so, mom, dad, grandma, maybe babysitter? >> holly: interesting. >> it has a privacy mode so if you don't want the stream going, you can set it to privacy mode via phone and it also tracks humidity and temperature as well. so this is really a full-feature, it has a night cam led for night. you can see it day and night, really cool. >> holly: this is for babies or home security as well? okay, cool. >> this next one actually was one of the winners in baby health categories. and this is a thermometer. you take off the top and just touch for just a second and it takes your temperature. which is really great in itself. but, what it does is if you look over here on the app, it actually gives you a history of temperature and fever and you can add notes and things like that. so you have an accurate reading. of what your baby has. >> i had a fever that had a fever off and on for 12 days and i was doing this on paper. i would have loved to have had this at that time. >> holly: it's light weight, too. >> and the next one to get the cutest award. >> holly: look at this thing? it's so tiny. >> all right. this is the owl earth baby breathing monitor and you put it on the baby's foot, so cute, and it tells you whether or not the baby is breathing and gives you the heart rate, oxygen level, and this is actually, it has a little medical device that gives you that information. i think this is too cute. this company is offering wlos viewers free shipping if you order it with news 13 and i have that on my web site as well. >> holly: this can take baby's readings for peace of mind for moms and dads? >> absolutely. >> holly: very cute. she has the pricing information on the web site. >> all the pricing link, way wisdom.com and if you are interested in the monthly news letter you can sign up for that, too. >> holly: thank you so much. very interesting things. >> i'm okay. i'm okay. i'm going to be okay. >> holly: a train crashes into a woman's car. >> jay: what she says trapped her on the tracks. >> holly: looking for the most updated weather coverage? just download our weather app and that way you can stay >> jay: and it's >> holly: welcome back, 6:47. happening to day, the man accused of going on a shooting in court. >> jay: meanwhile, police are searching for a motive. >> these were have been deliberate killings. >> >> reporter: prosecutor jeff gettings describing the calm manner in which uber driver jason brian dalton carried out a shooting spree. >> this is not hurried, they are on video, we have watched it with law enforcement. >> reporter: his rampage played out over 7 hours starting in an apartment complex saturday afternoon where police say he gunned down a woman in the parking lot. the victim is hospitalized and expected to survive. her neighbors describe the horrifying attack. >> he was her to kill. >> reporter: four hours later, a father and son killed at a collar dealership. just minutes after that, police say dalton opened fire on five people in a restaurant parking lot, killing four and injuring another. he was finally arrested just after 12:30 a.m. sunday morning. a passenger who road with dalton before the rampage described his troubling behavior. >> he got maybe a mile from my house, he got a telephone call started2 really erratically. we were kind of driving through median, driving through the lawn. once he came to a stop, i jumped out of the car and ran away. >> reporter: perhaps more bizarre, a source with knowledge of the investigation says dalton picked up and dropped off passengers between shootings. investigators think he was looking for even more fares after the final attack. reed banion reporting. >> holly: also happening today, a judge is set to decide whether a lawsuit brought by families of victims of the sandyhook elementary school massacre can go forward. >> jay: it's a lawsuit that would go against the ar-15 used in the mass massacre. there is a law used to protect gunmakers but since the passage of that law, nearly every such lawsuit against gunmakers has been dismissed. >> jay: aaron andrews is headed to a courtroom today. she is seeking $75 million in a civil right to against the marriott hotels. >> jay: that's right. after he was charged in 2008 with rigging people. >> hope:s in andrews' hotel room and filming her changing clothes. he then posted those videos on-line. >> holly: her lawsuit accused the hotel of negligence, emotional distress and invasion of privacy. pope francis wants any world leaders who are catholic to suspend capitol punishment during the holy year, this comes as an international conference against the death penalty is set to start in rome. he hopes to end capital punishment. >> jay: making headlines this morning, rescuers in long island new york are searching for a passenger who was on board a flight that landed in water. >> holly: rescuers had to work in pitch black to find the victims in long island. authorities say they heard the cries for help and grabbed kayaks from neighbors homes and rode out to the victims. >> you can hear the victims calling for help. so, it was, you know, you had to and it took what we had. >> holly: a student pilot was flying at the time but when the plane began having diff culls the student pilot turned over the controls to the instructor. both suffered hypothermia. >> jay: the driver of an alternative hit five people and sending them to the hospital. a parade was finishing when police tried to stop the man after hitting the victims, police say the driver tried to run but was caught despite the five people going to the hospital no one was seriously hurt. >> holly: a car collides with a train in massachusetts. police say that train was traveling about 60 miles per hour before the accident. no world on how many passengers were on the train, but luckily no one was hurt. officers say the driver of the car was on her way to the gym. >> i was thinking, what to do, what to do. i didn't even have time to get out of the car. the train just, boom. >> holly: the woman was not hurt. she says the crossing arms came down late, trapping her car on the tracks. >> jay: and in colorado a on a mill trainer training rage gastric it started saturday during a training exercise. fire you crews set up fire lines to keep the blaze contained. helicopters have been dropping water from above. at least 65% of the fire is contained. >> jay: the water in crystal city, texas, is in longer crystal clear. dark-colored water is flowing from the city taps for several days. city officials say the color is from residue that is leaking into distribution lines after a recent cleaning of the area's water tower. apparently the tower had not been cleaned in decades. there is no word when the water might return to normal there. a couple barely makes it to the alter for their wedding. >> holly: coming up, why they almost missed saying their i. dos. >> >> jay: but first let's look at today's mind teaser. in honor of disneyland's 60 anniversary, how long did it take to build disneyland? when we come back. >> holly: a recap of the local headlines. the defense will present its case in the murder trial of a transylvania county man. >> jay: that's right. richardo shields is charged in the 2011 shooting death of toby mathis. months before mathis was shot and killed, he was convicted of involuntary manslaughter in the death of o'shield's son. prosecutors sayo shields gunned mathis down at the thrar general in retaliation for his son's death. >> holly: a mayor economic development announcement is expected in henderson county today. governor pat mccrory will be on hand for the announcement. at 4:30 this afternoon. that's at he historic henderson county courthouse. there was a $7 million incentive package to bright in g.m. lynnmar, the company would bring in 50 jobs. >> jay: we can learn more about duke energy's plans to convert the like julian to natural gas. the commission will present their findings to the utility duke's application request to build a third backup plant along with two natural gas yiewmghts, may not happen. the utilities commission is expected to make a decision by march 1st. >> holly: here is the answer took.com/news day's mind teaser. in honor of ditzny land's 60th and never care, how long did it take to build the theme park? >> jay: inadvertently i gave the answer away, the answer is one year. >> holly: if you were listening you got it right this morning. >> jay: that's right. >> holly: it was a wedding that almost didn't happen but nownewlyweds are thanking police and firefighters in massachusetts. >> jay: darryl and annie strawghter were on their way to get married when their car caught fire. thaw got out safely, but their rings were still in the car. fortunately, firefighters were able to save the rings and the couple received a police escort to their wedding. they have been together for nearly 30 years. >> holly: oh, wow. >> ingrid: cool story. >> holly: we have a winner in the "early bird gets the win" giveaway. >> jay: congratulations ashley monroe. >> jaclyn: you won a facial >>ingrid: we will e-mail you how to claim your prize. bring an umbrella, you will need it. heavy rain expected mainly tonight, tomorrow, and again on wednesday. temperatures staying relatively mild. and a few early morning rain/snow chances thursday. 44 degrees. 42 on friday. and notice it will be sunnier into the weekend. so, keep in mind that the heaviest rain will be wednesday, but te veer thunderstorms possible at times as well. so, just use caution. and, also, some flooding possibilities by then. we are talking 3 days of rain here. what about the upstate? well, we have a 60% chance mainly this afternoon and it's going to be mild. 60s. now, cooler tomorrow in the 40s. butw a good chance of rain through wednesday as well. and then, yeah, temperatures take a nose dive, even back below freezing in the upstate, thursday and into the weekend. so it's kind of a trade off, you guys. we have temperatures very mild, and in the 50s and 60s but we have the rain and we are talking 40s, 30s, and sunshine. >> jay: okay. >> holly: little everything. all right. how are the roads? clear, but like ingrid mentioned we have foggy and slick conditions that are a possibility this morningful. so of course use caution because of that on your morning drive. >> jay: we continue to have the pregnancy stories all week long. >> holly: all week long, talking a i bout the modern pregnancy. and again a lot of stories are not just for parents and >> jay: and i will have good morning, america. donald trump on a roll. >> we won with everything. tall people, short people, fat people, skinny people. just won. >> the gop front-runner celebrates big back-to-back wins now all eyes on the nevada, the next vote casts tomorrow. can marco rubio and ted cruz stop his momentum. the uber driver accuseded of killing six people. reportedly picking up fares during the rampage. >> we were driving through median sfls and uber is responding to the attack. amazing escape. a megabus evacuated just moments before it goes up in flames. how they all got out alive rocket man out of this world mystery. the newly uncovered tapes revealing the, quote, weird music, astronauts say was playing on the dark side of the moon. what the famous rocket man really heard. i'm a rocket man >> ooh, that was bad. >> but it felt so good. >> great monday morning here on "good morning america." we're getting to the bottom of that space mystery and speaking of stars. >> yes, none other than sam champion, everybody, in the

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