2 killed in DUI crash on I-95; Stephen Miller named Trump's chief of staff

Three o'clock. Welcome in. I'm Marina Rocco. Let's get you started here on all the things that we're working on a busy day as we head into the weekend. But off the top right now. Let's get into it with a big story. A deadly crash on I-95 in Stafford County, killing two people, including a child under the age of five. Virginia State Police say a Dodge Charger traveling at a high rate of speed slammed into the back of the SUV early this morning, causing it to overturn. That driver, Malik Thomas, now facing DUI charges with additional charges pending. The crash shutting down northbound lanes for several hours as crews investigated. We've got criminal defense attorney Joseph Tully with more. That That driver of the... alleged DUI, Joseph uninjured, what do we know of the charges and what this looks like from the legal standpoint? Sure. So, for right now, the driver was only charged with a DUI, so something very generic, you know, somebody driving home from the bar, nobody gets hurt, that's what the charges are. However, it is very common for charges to come later, more serious charges in this case case as the investigation progresses. I would expect a voluntary manslaughter, a DUI involuntary, involuntary manslaughter charge to be filed if the evidence supports it based upon the developing investigation. OK, we just have those updated charges. I do want to read them to you. Has been charged with driving while intoxicated and two counts of involuntary manslaughter. DUI additional charges, to your point, are pending. Okay. Yes. So there's two different flavors of DUI, involuntary manslaughter. And involuntary manslaughter is when you do something, it's a dangerous activity, then it results in someone's death, even though there was no intent to harm anyone. So that's traditionally the difference between a manslaughter and murder charge. In DUI cases in Virginia, there's a DUI manslaughter or involuntary manslaughter but also aggravated. A regular DUI manslaughter charge carries 10 years per death. An aggravated manslaughter charge carries 20 years per death. So in this case it would be very significant depending on what the investigation develops as to how Mr. Thomas will be charged. On the bigger picture here on DUI, especially in 2026, I know to update books and charges and code, these things take time and there's a process. You talk about the intent part here. Is there an argument to be made that if you drink and knowingly get behind the wheel after making that choice as an adult to drink and get behind the wheel, that there is an intent? Like, can that not be proven in the court of law? Sure. So DUIs can be charged as murder. It's called a Watson murder, and that is a Supreme Court case. There needs to be some kind of warning or advisement usually prior to that. So let's say somebody has a prior DUI and the judge tells them, you know, look, if you drink and drive, that could result in someone getting killed someday. Don't do it again. Otherwise, you could be charged with murder. The Watson murder specific to DUI charges can come. As long as there is some kind of record that the person was given notice of that. And so if that is not available here, I imagine the prosecution would go with either DUI, involuntary manslaughter. Or DUI, involuntary manslaughter, on an aggravated basis. In your experience, and I know now because obviously we just got the information, this is still a developing investigation, and speaking at large, I know obviously through time these laws have gotten more stringent, and then there's been a bigger push, obviously not drink and drive, but is there, does it seem as though it's stalled? To me, it almost seems like we should be stricter with these things. This is unfathomable now that this family has to go through this because of what someone decided to do, and that the courts would say, 10 years per person, like what kind of justice is that? Correct, when you're looking at a murder charge, if it's life in prison, either 15 to life, 25 to life, versus a manslaughter charge where, let's say, generally speaking, everybody knows that getting behind the wheel and being intoxicated can lead to someone's death. However, there is a difference in how the law judges DUIs versus... versus murder, and so I think that So you're pointing out sort of the discrepancy in really the law hasn't really caught up to involuntary manslaughter. And I think that the technology, I mean, the fact that Uber is around, the fact that Lyft is around, call an Uber, call a Lyft. This is what I'm saying, like the code needs to be adjusted to reflect that. This should be absolutely zero tolerance in 2026. Joseph Tully, thank you so much. We'll continue to get more information on this investigation. We appreciate it. Let's move on now as President Trump's controversial plan to build this massive triumphal arch near Arlington. National Cemetery has cleared a major hurdle. The National Capital Planning Commission voting eight to four to give final approval to the 250-foot monument after hours of heated public testimony and strong opposition from veterans and local leaders. But the project already facing legal challenges with critics questioning whether the administration has the authority to move forward without congressional approval. Joining us now is Axios reporter Mimi Montgomery. We should also point out, Mimi, that at this point, the judge has also ordered a 14-day halt on this to kind of work through. And to that point, where do things stand at this hour? Yeah, I mean, great question, TBD. So, like you said, a judge has issued this 14-day restraining order after the NCPC voted last night to proceed forward with the arch. So, I guess we're going to have to wait and see, right? The judge issued this order so that she can continue to review lawsuits that are pending against the project. So, I think everyone is sort of waiting to see what happens next. I did just see the AP reported that the Trump administration went ahead and posted a website About the Arch, with, you know, plans for the Arch, what it's going to look like, so, you know. So that might indicate that the administration is still thinking that this will go forward if they're putting up material about the project still. Well, certainly the administration has not been shy to go forth despite judicial orders. I mean, this is a 33-page opinion from this judge, and this 14-day injunction was prior to the vote, and now the judge has ordered this post-vote. So again, I guess in two weeks we'll see, but it seems as though they're moving ahead regardless of what the judge is saying. Yeah, I mean, to your point, yes, we have seen them want to go ahead with this project no matter what has been said. I have not seen any reports of construction happening today or sort of steps happening to break ground or anything to that matter. But yes, we will watch and see what happens with this. I think everyone is watching to see what happens next. Is there anything on the website that would give us a sense of like more other than what we already know about this arch and where it's going? Yeah, I didn't see anything, you know, besides what we sort of reported on. You know, what was interesting is that there has been some talk about Trump wanting to use this as sort of a site for national security. Right. There was some talk about having drones there or snipers or what have you. But the plans that were filed to the NCPC last night did not include any spaces for drones or things of that nature. And a lot of the sort of arguments for the project last night really Centred on it being, you know, a site to... So it was really sort of the memorial focus that was most prevalent last night. All right. We will wait and see what comes of this injunction and what's to come next. Mimi Montgomery there with the reporting in Axios. Thank you, Mimi. Now to Fox 5 News alert. Major shakeup inside the Trump administration. President Trump naming Stephen Miller as his new White House chief of staff, replacing Susie Wiles, who will now move to the president's political operation. Trump's closest and most influential advisers Set to take over Monday, the president speaking moments ago. I just wanted to make a change. I think Susan's done a very good job. Great job. But I just wanted to make it. Stephen's been great. We've got to make moves. Sometimes, sometimes in life you have to make moves. Thank you. The move coming just days after Republicans suffered losses in the midterm elections. Meanwhile, in Alaska, Democrat Mary Peltola narrowly leading Republican incumbent Dan Sullivan with thousands of ballots still outstanding. And in Mississippi, Democrat Scott Colum is holding a slim lead over Republican Senator Cindy Hyde-Smith. As officials continue counting provisional and mail-in ballots, both races could further strengthen the Democrat Senate majority. But the final outcome may take several more days to determine. We've got national political reporter for The Washington Post, Gregory Schneider, with us here. And Gregory, where do things stand right now? In Alaska, is Peltola any closer to 50% than she was yesterday, say? No, neither of the candidates is approaching the 50% mark yet, which is what they'd have to have to win outright. All right. Peltola is leading by about 600 votes still, as far as we know. There's been word that another chunk of ballots should... be released on Tuesday, but you know, there's a ranked choice voting system in Alaska. So once the actual, you know, the top line votes are tallied, if there's still no 50%, then they start going to the second choice listed by each voter. So that process could take some time. I think they don't have to certify the votes until close to Thanksgiving. So it could be a while. November 18th would be that rank choice tabulation date. What about the legal challenges here? Because with the Sullivan situation here, two candidates with the same name, is there already this anticipation from the Republican Party that this will be a legal fight if, in fact, Peltola comes across in this poll lead, if you will? Oh, I think you can count on that. Both sides are lawyering up heavily just as they are in Mississippi. And you can look for legal challenges no matter what the initial outcome appears to be. Okay. Speaking of Mississippi, this is an even closer race, if you can even call it that. I'm just looking at the latest numbers. And obviously, depending, the Board of Elections will give you those numbers. But the time, that'll give you a difference. 0.2 percent is the differentiation right now. So roughly between 12,000 and 20,000 affidavit ballots remain. What does that mean? These are the provisional ballots that they're counting. Is that right? Yes, that's right. And there are some 3,600 mail-in ballots that haven't arrived yet, at least as of yesterday. As they continue to count these ballots, Democrat Scott Colome's total has crept up. He's up nearly 2,000 votes ahead right now. He's going to be coming out later this afternoon to talk a little more about. What the situation is, the lawyers have already been sort of saber rattling, sending letters to the counties in Mississippi last night. First, Republicans for Mary for sorry, Cindy Hyde-Smith sent notice to the counties suggesting they were getting ready to challenge some of those provisional ballots. And then the Democrats responded with letters of their own out to each of the counties in Mississippi. So you're beginning to see the lawyers go. go at this. But we're still, again, as many as 10 days away from getting the final votes. All right. So it could be some time before we know what that decision is there in Alaska and Mississippi. We'll have to wait and see. Gregory Schneider with The Washington Post. We appreciate it. Thank you for staying with us here. We'll be right back on the DMV Zone.