Battle to match david and goliath and today there was cheering inside that hearing room when the announcement was made. A group of people that have been against the costco gas station from the start was there waiting for that decision. They call themselves underdogs but today they came out on top. Costcos plan to build a pumping station may be out of gas. Montgomery counties board of appeals denied a petition to build a gas station at Westfield Wheaton mall site. The Community Call it is a victory for the little guy. This proposal should have never been put forth to begin with and it is sad and disheartening that our community has been put through such a nightmare scenario. Reporter Kensington Heights residents are against the 16pump gas station at the mall saying its a health hazard. The group argues fumes from idling cars would harm those who use a nearby Community Swimming pool and disabled children enrolled at the nearest school. But costco says the station would meet state requirements. The board believes theres no need for another gas station. I do believe that there is no necessity for a further gas station. Reporter costco would know discuss its next step. I have no comment. But costco does not seem to learn their lesson and they can certainly afford it so there is a possibility they will appeal. Reporter now it is up to costco to make the next move but they are not giving any indication as to what they might do. They can appeal todays decision. Barbara . All right, richard, thank you. Take a look now outside. The rain rain apparently is ending. Joinings with a forecast. Good morning. Getting a little light rain just to the south of the metro area. Right now the storm team 4 radar showing thats continuing to track often to the north and east coming from all the way down in tennessee and northern georgia. Most of this though is going to pass south of us later today. Right now storm team 4 radar showing some rain falling from fredericksburg down to southern Virginia South east of virginia and southern maryland. This little bit of light rain in the areas of green, a few sprinkles now in Prince Georges County ande arundel, south as well. Tracking most to the south of the metro area another few hours and later today some sun breaks out and warms things up. Right now 54 at reagan national. Look at annapolis. A chilly 41. Any breeze off the bay, its much colder as the bay water temperatures are only in the 40s. Further south and west sun trying to break out. Winchester 54 degrees. How warm in the warmest neighborhoods coming up around 11 30, barbara. Thank you, tom. Still no word on the identity of a Virginia Tech student missing after falling off a cruise ship. According to wsls in rhone noeshg roanoke, the student missing from the carnival glory ship. Cram video shows the fall happened near an island in the bahamas. The search is ongoing. Carnival released a statement of sympathy for the family. And 67yearold harmonhinder bakshi went missing monday. Found around 4 30 a. M. This morning. Police say there is no indication of foul play. Learning more about a military Helicopter Crash in pensacola. Go to news 4 angie goff at the life desk and what shes learned. Good morning. Reporter good morning, brash. We follow this developing story bp one of our big stories of the morning. A grip update. We now know all 11 Service Members onboard that Army Helicopter that crashed are presumed dead nap is the official word from the military. Search and rescue teams having a real tough time now looking for those seven marines and four soldiers who were on that uh60 black hawk an aircraft liked one you see on your screen leer. Fok really bad right now. Really hampering the efforts to find them. The chopper crashed during a Training Mission about 45 minutes east of pensacola. An area where the military trains a lot. You can see what theyre deal wig right there. That shot of all of that fog. The cause of the crash still unknown but were hearing the bad weather may have played a big factor and, barbara, the military at this point not releasing names of the Service Members until they can notify all family members. Back to you. Thank you, angie. New this morning, the university of oklahoma officially closed the Sigma Alpha Epsilon house. Brothers had to move out by 1 00 this morning. Two Fraternity Members expelled from the school after this video surfaced online of members singing a racist chant. The National FraternityOrganization Says its working to expel all the members from that chapter of sae saying in part we teach our members to serve as role models in their communities and to live up to our creed. The true gentleman. When members fail to do so we will not hez tight take corrective actions or impose sanctions. A wave of burglaries in d. C. Four home burglaries within a span of just nine hours on monday. Near 19th and maryland avenue in the trinidad neighborhood. A car was also stolen just a few blocks away from there. Its not known yet if those crimes are related. And you can now use canal road in northwest d. C. Again without any problems. Take a look. You can see it was shut down during the morning rush hours. A tree fell all the way across the road then a car crashed into that. Were working to find out the condition of that driver. We told you about the breaking news right at this time yesterday, and now Police Say One aggressive driver started this whole Chain Reaction that led to this crash on i95. The road was shut down for seven hours after a tanker turned over and spilled fuel all over the road. 6 police policey started when a ford focus driver cut someone else off. They charged him with reckless driving. You might want to avoid the gw parkway today if you can. Crews are spending all day fixing potholes in the southbound lanes of route 23. We found a ton of cars stranded on the shoulder with blown tires. This morning, the northbound lanes were shut down at spout run for a few hours while crews patched up massive potholes there. The lanes are back open now. Those are. And from the live desk keeping an eye on a hearing, the fight against isis terrorists involved with. What the secretary of state john kerry is saying on capitol hill. Plus coming up new video that may help investigators figure out what caused two choppers to crash. Sta angie goff here at the live desk. Live to capitol hill where the Senate ForeignRelations Committee is holding its first hearing on the president s request to use force against isis. You can see right there secretary of state john kerry. He actually spoke first. I remain at frustrated as many of me colleagues overt questions of isil. Its just not a partisan issue. At least it shouldnt be. Its not even a bipartisan issue. Its really a test that transcends political affiliations. And its a tremendous challenge to the security of our nation and to the values of our citizens. The president s resolution would grant a threeyear time frame for the campaign against the Islamic State and repeal the 2002 authorization used for the iraq war. Now, defense secretary ashton c. A. R. T. Carter expected to testify later this afternoon. New information on the man attempting to shoot president obama in the name of isis. Prosecutors file add motion to restrict phone access for Christopher Cornell locked up in ohio since january. Last week cornell made a surprise phone call from jail to a tv station. He was recorded saying that if he had made it to washington he would have tried to shoot the the fbi initially arrested cornell for an alleged plot to shoot up the u. S. Capitol. This afternoon, d. C. Mayor Muriel Bowser is expected to announce a new Technology Partnership with howard university. Bowsers office says the partnership will help encourage innovation in the district this comes as bowser plans to head to the south by southwest festival in texas, thursday. Shell meet with tech lead toers promote Economic Opportunities back here in the district of columbia. Time right now is 12 minutes after 11 00. More fallout in ferguson missouri. The latest person to resign amid all of the uproar there. Former secretary of state Hillary Clinton breaks her silence, but is it enough . Stay with us. Well be right back. Im saying another couple of hours of rain and then the sun developing story this morning. New video showing a midair collision between two helicopterses that left ten people dead. French investigators will led to that crash site in argentina. Yesterday investigators combed through the debris after the collision. Eight french nationals killed in the crash including wellknown athletes. Two argentinean pilots also killed. The group was filming a reality show at the time of the incident. Check in again with angie goff following another developing story for us at the live desk. Angie . Barbara, just got this in. Homeland security needs your help to stop a child predator. Look at these pictures they sent us. This guy is believed to be in his 40s or 50s xautcaught on a video they say sexually abusing an 8yearold girl. According to i. C. E. He appears in the video seized actually during an investigation in north carolina. Someone claiming to know him says that his name is peter gilbert, but agents really hasnt believed it. They think its an alias. Your help in identifying them. Well post the picture and hope you can share that. Thanks. And states attorney glen ivy played it official hell run for congress. The democrat hopes to fill the spot held by representative Donna Edwards right now. A source close to former maryland Lieutenant GovernorAnthony Brown says hes considering his opportunities as well. Edwards is running for barbara manage cullss senate seat. Stay tuned for news 4s interview later today. See it on news 4 at 4 00. Hillary clinton is still facing tough questions about her use of personal email. The chairman of the House Panel Investigating the terror attacks in benghazi said he will call clinton to testify at least twice. Once solely to address her emails, but clinton says she has nothing to hide. I feel that ive taken unprecedented steps to provide these workrelated emails. Theyre going to be in the public domain. The former secretary of state says she used the personal email out of convenience, but in hindsight, she says she wishes she had used the government acc the news 4 iteam learned the white house chief of staff wrote to a private email address believed to have belonged to the former secretary of state, secretary of defense, excuse me chuck hagel, when writing an official email to the president s cabinet back in 2013 and weve learned hagel used two separate blackberries. One for his personal emails, one for governmental email during his time running the pentagon. A pentagon official tells us on some limited occasions an email may have been stoent or from the wrong account saying those emails would be retained under the agencys policy. Hagel ran the Defense Department until just last month. The white house declined to answer why or how often it sent official emails to hagels gmail account. The Associated Press is now suing the state department to release clintons emails. Joining us carrie dann. Political writer for nbc news. Mrs. Clinton did speak. Did she say enough are still people wanting to know more . Unresolved questions certainly from the press conference she gave. Reviews from editorial boards around the country were favorable for mrs. Clinton. One question one phone out of convenience but a lot of people are asking you can have one telephone, or one device that has two email accounts. Many of us do. I get emails from friends on my blackberry but thats on separate account from my work account and i think a lot of people have that kwenchts on one on one single device. Another question just is why should the American Public trust that she has turned over the relevant emails and that the on deleted were relevant to her job at secretary of state . One thing the clinton team can feel good about today, there were democrats including one very senior democrat chairwoman of the Intelligence Committee on the senate side Dianne Feinstein, who said Hillary Clinton needs to explain herself. After that press conference Dianne Feinstein said i think shes done a good job of going out there. Democrats said she started to be transparent. Her previous democratic critics starting to be me favorable about her. Will we hear more calls for her to turn over her server for investigation . Absolutely. The Associated Press assuming more access for that and Congressional Republicans hankering for more action to clintons records during that benghazi attack they would like clinton to testify before that committee at least twice. Well keep hearing calls for the transparency. Carrie dann thank you. For more from carry ri and the rest of the nbc Political Team check out first read on nbcnews. Com. Another change in ferguson, missouri following a harsh report from the Justice Department accusing Ferguson Police and the courts there of racial bias. Now the city manager is resigning because of that report. Before today, a city clerk was fired and a judge and two Police Officers all resigned. Virginias governor is heading to cuba Terry Mcauliffe says the purpose of that trip is to discuss trade relations. This is one of five Economic Development trips planned by the governor this year. Mcauliffe se cubae says cuba offers tremendous opportunity for virginia. Our time now is 11 21. Still ahead on news4 midday, the free options available to file your taxes. What you need to know to save money. Plus protecting yourself while making extra cash. What you should do if you drive your own cars. People across japan stopped for a moment of silence to remember the victims of the devastating earthquake and tsunami that hit four years ago today. Nearly 19,000 people were killed in that disaster. At least 230,000 people are still displaced. The 9. 0 magnitude quake was the big nest japans recorded history, and one of the five most powerful earthquakes ever recorded. Well theres just over a month left in tax season and millennials may want to take add vac of a few tips as they file. First and foremost dont miss the deadline. You can get an extension to file but not to pay. Second avoid common typos by using lowcost tax Software Like turbotax. These sites help with calculations. Millennials can also tap into big deductions for instance if you itemized deductions and your income is within a certain range you may be able to deduct a big chunk of interest paid on your student loans. And for a little extra savings, you can file your taxes for free on irs. Gov. Renting your house or willing to drive your own car to make extra money . We live in a sharing economy, but as with everything there are some risks. Nbcs Mary Thompson has more on the Insurance Companies ready to support your latest venture. Reporter the Ridesharing Service uber says it makes a million trips a day dove covering around the ground and providing insurers Fertile Ground for new kov can ratch. The sharing company could be huge es special loin the Auto Insurance side. Reporter among insure es providing policies for drivers are firms like uber and its rival lift are metlife, geico and usaa. Well established exclusions carrying passengers engaging in business active tis. Theres a gray area between personal and commercial coverages for this type of activity. And thats why we hope to sort of bridge the gap between those two types of coverage. Reporter for insurers the sharing economy presents a huge opportunity. The Consulting Firm pwc estimates it will grow to 335 billion dollars froms 15ds billion in 2014. Meaning along with drivers, homeowners who rent their homes and individuals providing pick up and Delivery Services may need additional insurance, too. To make sure youre covered before you share your car, home or time picking up good for oh the Insurance Information institutes Michael Berry says pick up the phone. The first calm got to be to your Insurance Company and explain what youre planning on doing. Reporter firms like the errantal business air b b prof coverage for liability, your Insurance Firm may require additional coverage like a landboard policy and individuals delivering groceries for instacart may want to look at investing in a Business Owners policy. All of this meant to protect the meaner is profit a new fatbusting d