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Many people are commending a man for being brave enough to protect his home, but Salt Lake City police officers see it differently. Don't take the law into your own hands, they warn, because the risks are too high.

a long-delayed and controversial landscaping project on albuquerque's east side is finally starting to take shape. and it was mayor-elect richard berry who helped get it going jeff maher is live near central and tramway to explain. jeff. construction work on la luz de amistad park is underway. the project was initially criticized heavily because of its one-point-four million dollar price tag, but the recession gave city leaders a better deal. la luz de amistad park at tramway and central does not look anything like it did a year ago -- when neighbors say it was over- run with prairie dogs and the homeless. dirt is being moved, concrete slabs are being put into place -- and soon trees will be planted, and gravel will replace the dirt at the park. this is what it's expected to look like when it's all said and done. it's not meant to be a park for people to visit, but instead, a nice minute thumbnail 10:07 pm thing to look at as you drive in from the east mountains. "when it's done, i think people are going to be proud of it, i think it's going to improve how people feel about this area" the park sits right off i-40. because of that, construction was delayed for several months -- the city had to get state and federal approvals. mayor-elect richard berry helped secure the state's portion of the funding when he was a state representative. the one-point- four million dollar cost was shared by the city and state -- but in the end, city councilor don harris says the park was built for a bit cheaper because of the recession -- the bids came in lower than expected. "it's too much money for a little effect, they're building it too high, you can't see it from the road as you drive by" "it just makes the east side of albuquerque look a lot nicer" the park is expected to be finished by april. harris says he's going to try and get albuquerque police to do extra patrols when it's minute thumbnail 10:08 pm finished to keep the homeless out. live near central and tramway. jeff maher. eyewitness news four.

the lone survivor of one new mexico's deadliest drunk driving crashes makes the painful return to th scene where her entire family was killed -- three years ago tonight. but tonight 18- year-old arisa garcia was not alone on that dark, cold stretch of i-25 near santa fe where it happened.. joe vigil is live in santa fe with tonight's top story. around 70 people minute thumbnail 10:00 pm headed out to the crash scene tonight for the three year anniversary. at this very moment three years ago---emergency responders flooded the interstate as family members started to hear the horrible news. an eerily familiar scene three years after the horrible drunk driving crash. but no crash tonight. sheriff's deputies were trying to save lives by holding a dwi checkpoint right next to where 6 people died. next to the check point--right in the middle of the north and southbound lanes of 1-25--a candelight vigil for the people who died. the sole survivor of the crash---arissa garcia--didn't want to speak on camera about the pain of being here. "it brings back every memory..everytime i pass by here. i think about it and i think about every detail i think about it." a drunk dana pabst was 4 times the legal limit when he drove the wrong way on i-25 minute thumbnail 10:01 pm and ran into the gonzales, garica, collins family he killed parents paul and rene...and daughters jacquline, selena and alysha. along with himself. paul's dad recognized the their vehicle on the news the night of the crash. "we were hoping for the best and it didn't turn out that way. the message is a simple one that's been heard over and over. but family members say it important to repeat it. "i just want to let people know please don'drink and drive because you can't say it's not going to happen to you.ecause three years ago i said that and where am i 3 years later? at a crash site where 5 people were killed." raymon collins lost his sister rene in the crash...things really hit home again tonight when raymond's four year old son asked him what happened here. tonight. "he asked me a while ago what happened to sha sha my niece alysha. i told him she died. he said for reals? if a kid can understand and minute thumbnail 10:02 pm realize this then lawmakers and adults can too it should be a no brainer it's not rocket science." a flurry of changes happened after the crash. the most noticeable was the creation of the drunk busters hotline. so far this year--- d-p-s reports more than 360 arrests after people dialed pound-w-i the state also changes happened afr the crash. the most noticeable was the creation of the drunk busters hotline. so far this year--- d-p-s reports more than 360 arrests after people dialed pound-w-i the state also took away u-s airways liquor license for serving drinks to an already drunk papst on his flight to albuquerque. the airline isn't allowed to serve any alcohol over new mexico airspace. the airline tried to appeal and get its license reinstated--- but that was denied. the crash also changed the minute thumbnail 10:03 pm state's ignition interlock laws. its now mandatory for people, who live in new mexico and have out of state d-w-i convictions, to get an ignition interlock. papst had three d-w-i convictions in colorado.

North Dakotans continue to battle the flu early this year. The latest numbers out late Tuesday show that just under 3000 confirmed cases have been reported to the State Department of Health most are believed to be H1N1. This rush of sickness has led to some busy days for health clinics across the region most just wish they could be a bit busier, but without vaccine, that isn't possible. Perry Olson has more... "Upper Missouri District Health Unit may I help you?" (Kara Todd-Iwen - Upper Missouri District Health Unit) "Our phone never stops ringing." So goes the 2009 flu season. A season that has been full of coughs, shivers questions and clinics and maybe confusion and frustration too! (Kara Todd-Iwen - Upper Missouri District Health Unit) "Scheduling clinics has been hit and miss. It all is dependent upon vaccine." And that vaccine has been hard to plan for. Delivery of it has been extremely slow. Once the State Department of Health receives a shipment from a supplier it gets distributed to health units but with neither group ever sure when or how much will arrive, planning mass vaccination days has been tricky. (Kara Todd-Iwen - Upper Missouri District Health Unit) "We were aware that vaccine would start coming this fall however it has been limited in supply so the public is frustrated and it is difficult for us to gage when to have clinics and how many we will be able to serve who show up to the clinics." For Kara a veteran in the public health arena this flu season has been like no other she has seen...and it hasn't just been H1N1. Seasonal flu vaccinations have been spotty... (Kara Todd-Iwen - Upper Missouri District Health Unit) "There has been a delay regionally in seasonal flu so we have not performed as many seasonal flu vaccine clinics as we usually would." This lack of vaccine on both fronts means staying healthy is vital and if you...or your child can get vaccinated, health officials say make sure you do. Perry Olson, KX News.

Alysia There are several flu shot clinics scheduled in the area over the next several days. Thursday, flu clinics are in Stanley from 2-7, and in Towner from 3-5. Friday, people in the Williston area will be able to get flu shots. The Upper Missouri District Health Unit is offering a flu shot clinic Friday from 2-7pm at its Williston office. It's for children 6 months to 18 years, pregant women, and caregivers of infants. Then on Saturday, First District Health Unit will host a flu shot clinic in Minot from 9-3 at the Auditorium. It's for people age 6 months through 24 years, pregnant women, and those who care for infants. Next week, flu shot clinics will be held in Bottineau and McClusky on Monday. On Tuesday, shots will be given in Underwood. Wednesday, vaccinations will be given in Lignite and Mohall. You can get information about flu shots online - just go to kxnet.com and look for the links on the right side of our home page.

a big decision looms tonight about what's next for the state's massive budget shortfall. state lawmakers are waiting and watching anxiously as governor richardson has one day left to approve their budget cuts - or minute thumbnail 06:00 pm wipe them out with his veto pen. stuart dyson is here with what lawmakers are worried about. call it a billion dollars - if you add up the last budget year - the current budget year - and the next budget year. that's the size of the hole the recession has blown in the state's checking account - that's what everybody's worried about. the legislature plugged most of the hole in last month's special session - approving spending cuts of more than seven percent for most state agencies - with much smaller percentage cuts for public schools - higher education - and medicaid. since then the governor has complained loudly about the cuts - painting dire pictures of prisons closing - state parks shutting down - welfare medical services dwindling away - lawmakers expect him to say no to some of their spending cuts - to cut the cuts. " without making these cuts state government is on the brink of closing - plain and simple - it is that severe of a budget crisis - we can't delay it - if we minute thumbnail 06:01 pm delay it it's just like paying our mortgage with our credit card." " we have a constitution in the state of new mexico that says we live within the budget every year - if he does that - for every cut he makes obviously it unbalances that budget." lawmakers in both parties say anything that gets vetoed will be back on the table when they come back for their regular session in january - the governor has said tax increases are inevitable. with an unemployment rate of nearly eight percent - new mexico has lost more than 40 thousand jobs in the last year - almost all of them in the private sector - there have been no layoffs of state employees - back to you. governor richardson has made two sizeable cost-saving moves since the special session. he ordered a freeze for all capital outlay projects. the freeze is meant to help identify 150-million dollars in money which hasn't been spent. the governor also a signed a bill from the special session which raids the state's scholarship minute thumbnail 06:02 pm endowment fund. the move pulls 68-million dollars from the fund -- leaving 16-million dollars behind for higher education scholarships

A local woman forms a foundation dedicated to teaching young people the dangers of OxyContin.

Tempe Fire Department divers spent nearly 30 minutes searching the lake for bodies.

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HARTFORD -- An officer was shot twice during a struggle with a suspect in the north end of Hartford early Wednesday morning, police said.

It was an exciting end to the 2009 baseball season for Minnesota Twins fans, but the beginning of 2010 should be just as exciting. For the first time in almost 30 years, the Twins will be playing their home games outside, in a new stadium. Minnestota's Target Field has been under construction for nearly three years. Minot native, Eric Brekke is Accounting Manager for Mortenson Construction- the company in charge of building the stadium. He says there are many supporters of Twins baseball throughout the region, and even if you're not a fan, he believes Target Field can still provide a lot of excitement. (Eric Brekke, Mortenson Construction) "Everybody's going to be pleasantly surprised at this project. This ballpark is high-quality and it's just going to be great to have baseball outdoors again and it's really going to impress a lot of people." Brekke has been a part of the project since it began in May of 2007.

Time for an update on how Tom Schrader, Joe Goldade, and Perry Olson are doing on their fitness challenge that is about three months along now... Tom has been busy working more with weights, something that is good for everyone, not just men according to Norm Judd, an exercise physiologist... Next Monday we'll hear more from Norm and see how Tom has been doing...

Some major relief could be headed to the East County community of Jacumba, which has been tormented for the last decade by an invasion of tiny eye gnats, 10News reported.

Employees at the North Dakota Game and Fish Department are getting their hands dirty. They are spending much of today extracting the lymph nodes from moose, elk, mule deer and white-tailed deer that have been caught in the state. The Game and Fish Department are doing a yearly surveillance, looking for chronic wasting disease and bovine tuberculosis. The lymph nodes are sent away to laboratories in Minnesota and Michigan where they will undergo testing. Results from the past two years have shown the state's deer populations are free from both diseases. (Dan Grove/Wildlife Veterinarian, NDGF) "Not having it is good because its really expensive. They've spent over 100-million dollars in both Michigan and Minnesota trying to control just TB. And in the states with CWD its just as high if not higher. So its actually good that we dont have it because it means a lot of personnel time and a lot of monetary investment in control the disease and preventing the spread." Game and Fish hopes to dissect roughly one-thousand deer heads. They will be accepting the heads at various locations across the state. To view the entire listing of places, visit the website on your screen. Results from the testing should be completed by spring.

11524 E. 58th St.

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A 22 year old North Dakota man is charged with threatening to kill President Barack Obama. Authorities say Eric Allen Hirchert was arrested Friday after he assaulted his mother at her home in Washburn. McLean County prosecutor Ladd Erickson says Hirchert's mother told authorities that her son had been threatening to kill Obama for about two weeks. She says when she told him to stop making the threats, her son struck her in the face. Erickson notified federal authorities and they charged Hirchert on Monday with threatening to kill the President.

President Barack Obama is headed to Texas, to pay respects and offer comfort to those affected by last week's shooting rampage at Fort Hood.