is that arpio is finally having to face the music. >> reporter: arpio's lawyers in court this morning to negotiate what happens now. >> the fact of the matter is today they will not see a mug shot. they will not see him arrested. >> reporter: this has been building for years. starting with a racial profiling lawsuit saying the sheriff improperly targeted hispanics. the sheriff now accused of ignoring the judge in a case and lying to the court. >> our position is and always has been that there was not a willful violation of a court >> reporter: arpio will not be forced to appear in court in person for arraignment. he can submit his not guilty plea in writing. his attorney says he wants a jury trial and with early voting starting tomorrow, arpio will have to make the case that someone charged with a serious crime should still be the county's top law man. >> i believe he's going to lose and i believe that's going happen because of the efforts of this community. >> reporter: paul penzone who's running against the sheriff

is above the law. other democrats are out calling for the sheriff to step down now. >> just coming in donald trump is saying it would be pretty sad if he loses the election because of that controversial audio tape leaked last week. the republican presidential candidate just saying that in an interview happening just moments ago on the o' reilly russian sha saying that watching -- russia saying that they're watching us closely during the presidential election process. more people in arizona want to vote in the upcoming election. since august 22nd, every party in the state has increased its numbers. democrats up by 95,000, republicans up by more than 30,000. independents up more than 50,000.

one of the drivers involveed in this crash may have run a ed light. we're trying to confirm that with police. 64 kids were on board that bus this is near 43rd avenue and union hills. the bus belongs to the deer valley school district. the kids are okay but one woman had to be taken to a trauma center. there are traffic restrictions in this area right now near desert foothills parkway and chandler boulevard. the person behind the wheel here has passed away. now to the live desk and the video that could be part of a hoax make sure, it shows someone opening the car. they have video of this, this is near 42nd avenue and encanto. someone jumping out of the car to shut the trunk and then witnesses say they heard a child scream. there are no kidnapping reports at all in this area but they want to know if you know something more. it all went down at 11:30 yesterday. please call police or silent witness if you know more.

the live desk. an suv caught fire. in the last hour, dps now says it crashed with another car. right at the loop 202 and the 101. no word of injuries at this point. police digging through dumpsters fearing the worse frantically in search of a girl. we just learned that her guardian could have but did not report her missing for tw whole days. >> reporter: right mind me is where 8-year-old timgodat live -lgs. mom - - lives. mom out of the country, her

>> yeah, because she's a little girl and she was missing. >> reporter: and it was your job to make sure she wasn't missing. >> yes. >> reporter: police say timboy's guardian waited too long to raise the alarm. >> when i went to work i didn't see her. by the time i came back i thought maybe she might come back. >> reporter: miakwan is the live in boyfriend of tim goy's mom. he says he friday morning, went to work, he didn't see her saturday morning, went to work and came home sunday night. >> he did a little bit but not enough. >> reporter: they didn't charge nuan but did take the little girl away giving her to the department of child safety. >> you feel bad about that? >> i do, absolutely.

mom gets home from africa tomorrow and she's aware of the situation she's walking into with dcs. i'm jason valentine, abc15. that's all that was done with that weapon. police made an arrest near 24th avenue and devonshire. a man was acting strange, started running then tried to pull a gun on cops. they knew his name, his face and were everyone warned about michael hoff's intention. his life ended with a troopers bullet. mary ellen resendez has the story. >> you were very familiar in his name kind of caught my attention. while some of the things he said may not be like direct, direct. they're clearly threatening. >> reporter: our source asked not to be identified he ran into michael hoff the day he led dps in a place chase that ended in his shooting death. officers say he tried to run

in videos he is seen going agency to agency looking for help in the custody case with his daughter. hoff was known after the fbi issued this bulletin warning that he told special agents quote you better grab your popcorn because it's going to happen on october 30th. and chillingly claimed he would quote, live stream video of h his suicide by >> i think his actions spoke the loudest. what he did on the freeway clearly he was out to hurt people. and obviously himself as well. so if he was willing to go that far, who knows what he would have been willing to do on the 30th. >> reporter: dps says they won't comment on the possible suicide by cop or everyone confirm that the man was michael hoff until they have a positive identification. at least 30 people dead and sources fear they will have

heaviest affected areas. official there is say there have been more than 2,000 rescues so far. and we're learning about 10s of thousands of people affected by a massive power outage in georgia. there's a lot of damage out there and that they say is what's really taking so much time. >> it may look bad on outside, but the hospitals is where it's worse. doctors say they're not getting medical supplies. food is scarce. as we take a look at our forecast we're not tracking matthew anymore but a new hurricane out in the atlantic. it's a category one at this point. this is nicole and it will strengthen to a cat 2 tomorrow. it's not expected to affect the u.s. but little bermuda out

atlantic may get a powerful punch as soon as thursday. the cone of uncertainty has it right over the bermuda area as a category two storm. in the meantime, the storm track here across the u.s. keeping any action well to the north of our state. but this is passing through our north today has picked up some winds. it's been breezy all afternoon up in the higher terrain. more breezes are in the forecast tomorrow. we'll take a closer look at that and all the changes we're tracking this week coming up in just minutes. police car and won't give it back. there's been no conviction, no trial not even a single criminal trial. under arizona law officials have another authority to confiscate your money. inside a brand new lawsuit that's challenging the whole system. >> reporter: civil forfeiture law, it's more like we think

take your stuff. >> criminals are treated better than the law-abiding citizens. >> reporter: on behalf of terry and maria platt, a lawsuit has been filed. in may the platt son was pulled over driving their car. >> he was pulled window tint issue. >> reporter: they found a small amount of marijuana. a county prosecutor not a judge denied the return of the car. there year alone, abc15 has reported on the officers use of rico funds. law enforcement keeps 100% of what it takes in.

the state forfeiture system. >> he's never been charged with a crime. there's no criminal case against him. >> so the arrest never resulted in prosecution at this point. >> that's correct. >> but yet they're still keeping the car. >> they're still trying to keep the car. >> reporter: navajo police declined to make a comment on this case. the sheriff's office just coming as an fbi investigation continues. a chief deputy recently resigned accused of taking money from pot busts and using it inappropriately. several officers that were involved in the case committed suicide. an accused gunman says a lot in custody but leaves out one important detail for police.

for it said they couldn't get inside.

i learned as a police officer and a businessman you should never abuse people's trust. unfortunately, today too many politicians either serve their party or themselves,

babeu spent $28,000 of taxpayer money at a five-star resort and was questioned by the fbi for using public money to promote himself. o'halleran: i'm tom o'halleran, and i approve this message,

here in the valley listing your house as a short term rental can be an easy way to make a little bit of extra cash. >> one valley homeowner is accused of taking renters money and leaving them with nowhere to stay. how far they're willing to go to get back that money. >> you know what joe. >> you have excuses for each one. >> they're >> reporter: outside this phoenix courthouse. >> i tried calling you. >> you promised us you were going to pay them. >> reporter: joe is full of excuses. >> what he's accused of doing to people like tom eaton. >> how much did you give him? >> $2,550. >> reporter: the deposit he

out eaton's home. he was careful getting a copy of his driver's license, the only thing he couldn't get was a copy of the contract. >> some days i don't know how i got through. >> reporter: then there's tyler dobbyns we met him earlier this year. he and his wife came to arizona for they also paid muller to do work at their house. it didn't happen. the arizona couple that paid muller $10,000 to rent that house and couldn't get in. they're also suing. in this case, tom wins the judgment. on his way out, muller's

ownership. i'm going to take care of it. >> okay. >> i don't want to be back here again. >> reporter: for tom it's more than just the money. >> i think he's cheated me and cheated other people and i did not want him to get away with it. >> reporter: muller says he's also work out a deal to repay the others. we'll be watching. he was a fugitive overnight. right now one guy is an inmate arrested for a shooting the motive unclear tonight. we don't know what the smurk is about because this man never told police why he shot and killed an 18-year-old man at a strip mall. he gave no motive. 19-year-old baker young also fired at security guards near 69th avenue and bethny home road. they were not hurt. it's a highly watched case delayed once again because of hurricane matthew. but testimony should resume tomorrow for a georgia dad

in a hot car to die back in 2014. the court reporter wasn't able to make it today that's the hold up here. parts of georgia still feeling the effects of matthew. now that it's cleaned up, one of the passengers in that new jersey plane crash says he plans to sue. investigators say the engineer was going more than double the 10-mile an hour speed limit right before that crash. this fire fight in napa county almost finished at 75% nt for the next set of flames to pop up. that's what experts are warning as they say wildfire seasons are getting worse and humans are mostly to blame. in fact, studies have shown climate change is increasing the fire threat. the new study from the university of idaho and columbia university says this destructive trend is expected to last decade. they need new tools to fight fires and phoenix fire will be getting them thanks to

city foundation. that's on top of the money awarded to help firefighters. officials say there is damage estimated in the millions but as far as the next space launch there shouldn't be much of a delay. that next launch scheduled for next month. and we launch a brand new weather satellite called gosr. at the time lapse throughout the day today lots of sunshine here in phoenix. no clouds in sight, we made it up to 97 which is about 6 degrees above average for us. our low this morning at 70 and it does look like things will be cooler as we head into tomorrow. 92 out there now. humidity at 14%. wind are coming out of the north-northwest at 7 miles per hour. they'll stay less than 10 throughout the evening. 85 at 8:00 and down to 82

overnight, 68 here in valley. tpwor -- gorgeous night for all of us. we warm up to 94 degrees. still above average but a little bit cooler than what we felt out there today. chandler will hit 93. mesa 92. tempe at 93 degrees. in the west valley, glendale, levine. your activity planner or i should say 94 degrees for tomorrow. your activity planner looks really great. biki it good to go. we're going to keep that forecast dry just make sure you're hydrated. just beware if you're an allergy sufferer because we will keep that pollen count in the moderate range for the rest of the week that extends into the weekend too. air quality also moderate for ozone and dust particles that's

68degrees at 6:00 a.m. 81 at 10:00, by noon 87mented we max out at 94 here in phoenix. highs are going to stay in the low to d-90s. we drop down to 92 as sunshine continues through the weekend forecast. we'll take a look at the next seven days any changes we're tracking heading into next week coming up in the next half hour. tomorrow may be the best day to go to the fair for you here's why. it's called we care wednesday. which means you get in for free when you bring four canned food items between 12:00 and 3:00 p.m. those cans of food will be donated to the phoenix alliance. every little bit counts. this is a lot of it though. check out this special delivery for st. mary's.

happy family home. the wait just got longer for those looking for affordable housing but the thought is to give more families a benefit. fired up and want to take

have in common? many of them now call cancer treatment centers of america home. expert medicine works here. find out why at cancer center.com. cancer treatment centers of america. carson is in the clear.

the practice field. also cleared from concussion protocall today linebacker kevin minter. he's done it again, tim tebow in the valley for practice and he may have just saved a life. it's one thing to think it but to report it. kim kardashian west is suing the media because they reported that she may have lied about her robbery incident. and it was meant to build positive relationships but some arizona high school girls were left to feel it was their fault. an arizona teen gone but not without a trace.

fast. clowning around but this time parents were behind the time parents were behind the mask and this sheriff paul babeu was headmaster time parents were behind the mask and this at desisto school in massachusetts. a boarding school rife with abuse. a lot of things went down that probably shouldn't have. this isn't about abuse or neglect, because none of this was found. except these records show the state found it, students and parents testified about it, and a judge ordered it to stop. the cornering, the sheeting, i didn't know how to live and function as a normal human being.

sexual assault and rape. out-of-control corrections officers arrested. but not one served a day of time. sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. a county attorney for us all. ?? tomorrow's the day we'll play something besides video games. every day is a gift especially for people with heart failure. but today there's entresto?- a breakthrough medicine that can help make more tomorrows possible. tomorrow, i want to see teddy bait his first hook. in the largest heart failure study ever, entresto? was proven to help more people

out of the hospital than a leading heart failure medicine. women who are pregnant must not take entresto?. it can cause harm or death to an unborn baby. don't take entresto? with an ace inhibitor or or aliskiren. if you've had angioedema while taking an ace or arb medicine, don't take entresto?. the most serious side effects are angioedema, low blood pressure, kidney problems, or high potassium in your blood. tomorrow, i'm gonna step out with my favorite girl. ask your heart doctor and help make the gift

it is a blatant abuse of power. those are the words from sheriff joe arpio after he learned he may be hit with charges. >> they're filing charges for criminal con contempt of court. all fall out from a racial profiling case. will face federal chargeless. his rival paul panzone releasing a statement saying in part no one is above the law and today's announcement in court epitomizing -- the heart of arizona home

the local school district chair now scrambling to explain themselves after a dating assembly hosted by national speaker henning. >> how do you know if a guy likes you or not. >> reporter: bringing up relationships, thing that is they may be embarrassed to bring up with you. >> he was really funny. >> reporter: students say they were warned women should make sure they don't dress or act provocatively. that unleashes a given sexual urges. >> it was an assembly that wasn't meant to be serious. >> i think that's rude. they can control it. if girls can control it guys can control it. >> girls these days do dress a little bit too under dressed for their age. but i also think that boys have the control to be able to control their urges. >> reporter: while in the boy's assembly all they discussed was how to ask a girl out on a date. we stopped by the superintendent's office. >> we called earlier.

superintendent. >> reporter: the school's superintendent refused to talk to me on camera but we were given this assembly flier. in payson. we have some reporters out tonight trying to figure out what caused a man to be hit on a wheelchair. the driver did stay on scene and officers say impairment was

jet blue. this is a look at the plane's flight track. it was on the way to washington when that person had a medical emergency. the pilot made a quick turn toward denver. the passenger was treated and was okay. the flight was allowed to continue then on its trip. crews doing a good job keeping a house fire from spreading near guadalupe. we're told the home is abandoned but it's right up against neighboring homes. firefighters made quick work in controlling those no details on how it started. very horrifying, it's how police describe video of a truck plowing right into a crowd of people at a columbus day protest in reno. one activist a 51-year-old woman remains in the hospital after this. the driver questioned but not arrested. this facebook video shows him revving his engine after he rammed into the street. he stopped blocks away and is

video taken while they consider filing a criminal complaint against him. kicking the smoking habited definitely not on this man's to do list. he's accused of stealing cigarettes throughout the valley. he would go into the store, go blind the counter and take packages of cigarettes, put them under his shirt and then take off. he was seen on video solar lights from a home. a wait list was pushed back for affordable housing in mesa. we're told it was because the city wanted to give people an opportunity to register. 10,000 people are expected to apply. >> we need to fill vouchers we have now pretty quickly. but anyone who's on our wait list will be prioritized based

live or work in mesa but everyone will be served at some point. >> the last time the wait list was open was in may of 2013. now to your most accurate forecast a live look at abc13 desert doppler. clear and quiet throughout the entire state at this hour. a storm system passing to the north. for us, it was just a little bit of wind up in the high country as that thing edged by today. right now gusts right around five-25 -- right around 25 they will die down overnight before picking back up a little bit into the afternoon tomorrow up in that higher terrain. so about 10 to 15-mile-per- hour. winds speeds there, light winds here in the valley. we have another disturbance coming in. she was shot and killed by a police officer and now we're learning that he was high on pcp at the time.

killed that unarmed man after his car broke down. she's now charged with manslaughter. officers at the scene say crutcher was acting erratically and not following their commands. a reward now on the table for anyone who can help family members find a missing flagstaff teenager. melanie murphy was last seen with a man in chandler. an emotional day to say the a 4-year-old girl who was kidnapped and found in tennessee is finally reunited with her family. her disappearance over the weekend triggering an amber alert. >> thank you for bringing me home. tell them bye bye we're going home. >> bye bye i'm going home. >> that's right.

taking rebecca. he's a family friend who recently changed his name. police say the guy sped away in a truck after stealing stuff the family of two worked as an anti violence advocate. two men were being questioned this morning but one has since been released. still no motive on that shooting. they look innocent but don't let them fool you. how these delivery slips in the valley are targeting your personal information.

the company building the four state dakota pipeline resumed work today. it's happening on private land where protesters are asking for support of their tribal rights. a lot of you have probably seen the images of this flair up at a california refinery. now we're looking to see if gas prices this. nearly 100,000 people in the south bay area lost power this morning. it's unclear if that power outage caused the flair up or vice versa. the city of torrence sent out a warning for people to close all doors and windows.

sur survivors from the rubble. president obama is making a push to send people to the red plant. his goal to get to mars by 2030 and for them to get comfortable there. seven companies have received awards to form habitation systems on mars. the goal is to remain there for an extended period of time. tim tebow making headlines yet again. this time at a baseball field. what one teacher is doing that has parents furious. >> and our smart shopper went through this week's deals. we'll have ways for you to save. >> bottoming out in the 60s in your overnight forecast before those 90s return tomorrow. the question is how long will

up in just a minute. >> it's so serious they want

i learned as a police officer and a businessman you should never abuse people's trust. unfortunately, today too many politicians either serve their party or themselves, and arizona families suffer. the arizona republic called paul babeu a disgrace. babeu spent $28,000 of taxpayer money at a five-star resort and was questioned by the fbi for using public money to promote himself. and i approve this message,

they do business in many states using the same message. >> delivery slips that look real but they're meant to entize you to give up personal information. >> joe bartells asks point- blank is this okay. >> reporter: they seem innocent enough, flapping in the breeze, a package slip on your with a phone number to call. >> i had to get more information so they can deliver something. >> reporter: starley has a brand new home in the southeast valley and that's where these slips have been popping up. they're very similar to ups and fed ex but these slips are

information out of you. >> reporter: according to the bbb's website it's not an accredited business. the address, this nondescript bidding -- building in chandler. >> we're looking for metro delivery. >> that's here. >> reporter: they gave us another business name and another number to call. >> for now they would like for you to leave. >> reporter: after we were kick out our search led to this company named new home also in chandler. >> it appears they might be at >> reporter: no one could speak for the company but an employee said complaints had come in from people calling the notes misleading. the company says this is legal. joe bartells. these creepy clown stories

this clown couple left their child for a few hours while they went on a clown prank. playing out like a real survival. a teach -- a teacher under investigation after the students were told to write name of people who distract. one woman wavo and her mother says she is furious. >> to me it's bullying at its worse. not just the teacher passing it off but also teaching the other kids to judge other kids. >> the student says there is a student overcrowding issue there but that this is not the way to handle it. that teacher will be disciplined. you've seen the ad, sheriff

claiming he attacked his ex- wife. panz one and his wife susan argued over their son's visitation. susan pushed him with a hockey puck but not panzone. susan did file a restraining order but so did panzone. now to your forecast and temperatures across the valley starting to drop into the 80s. sky harbor now at 95 degrees. humidity at 13%. our dewpoint sitting in the 30s and winds coming in at 8 miles per hour. they'll stay less than 10 all evening and through much of the day tomorrow too. glen dale is checking in at 89 degrees. so is peoria. mesa at 87.

degrees at this hour. still in the 90s out to the west. and 69 currently in prescott. here's what to expect tonight. clear skies across the state. the winds which have been pretty strong in some spots along the rim will be dying down overnight tonight. as wind low in show low dropped down to 45 degrees. prescott and show low down to 47. remember we hit these low temperatures right around sunrise this continue to drop every hour as we stay in darkness until that sun comes up. so those are your wake up temperatures and tomorrow afternoon, 79 in sedona in payson. lots of 90s through the west tomorrow afternoon. not quite as hot as today in the valley. and here's why. we have a little disturbance coming in from the west. this is wednesday now. 5:00p.m. few high cloud out ahead of

off our highs for tomorrow. and we'll keep some of those high thin clouds for tomorrow as we track a few more disturbances coming in. 81 at 10:00. 90s through the afternoon. a lot of those high clouds comeing in in the late afternoon and evening forecast. with the upper 80s in carefree and cape creek tomorrow. the rest of the valley will be in the low to mid-90s and a few degrees above that average for tomorrow afternoon. here's a look at the next seven day -r s seven days for you. and getting those temperatures a little bit closer to average. 91 by next monday and tuesday. but the sunny and dry forecast is here to stay. >> only on abc15 tonight. all eyes on tim tebow as the former heisman trophy winner jumps into action when a fan goes down. >> they've been going through the video just into the newsroom. what happened? >> tebow is playing for the

while his efforts on the field didn't cause a lot of talk in the stadium. what happened after the game sure has people talking. >> reporter: from football to baseball now miracle worker. >> it was fun, obviously i wish i could have done a little more at the plate. >> reporter: but what tim tebow didn't do at the plate he did in the stands. >> i think one of the awesome things. >> reporter: just moments being heckled following his arizona debut, number 15 jumping into action to help. tebow leans over to say a prayer. moments later the man jolts up firefighters still at his side. >> all right, so firefighters say it sure looks like a seizure. medically we don't know what happened yet we're making calls to see how that fan is doing.

fans will be proud of his actions after. >> apparently he also ran into with -- >> a little face plant. yeah. we have that video as well. >> and that didn't even make the headlines. good for him. power of prayer. maybe he can help samsung with their issues. >> samsung is pulling the plug on the galaxy note seven. over fears that more of the phones may explode. first that massive recall that reports of the replacement phones were catching fire as well. if you still do have the galaxy note seven they want you to return it to the store or use one of samsung's fireproof boxes you're seeing right there. gloves included. you have to get it mailed back.

james p. walsh: to mwe need a sheriff who will put fighting violent crime ahead of his own political agenda. paul penzone has been a decorated crime-fighter for over 20 years. a police officer, undercover investigator, and dea task force agent of the year. paul penzone caught murderers, put drug kingpins behind bars, and created award-winning programs that protect our community. paul penzone...

we're watching the situation in north carolina very closely. even more flooding expected there. hurricane matthew is what has caused all of this. it may not be getting any better until this weekend. look at all this flooding. we already saw a dam break and another started leaking. forcing entire towns to evacuate. so national guard members have been piling sandbags in front of the flood gates all day.

repair a hole there. if the sandbags fail, lives would be in danger. 17 people were already killed just in north carolina. and 31 counties have been declared disaster areas. now for a look at our top stories we're learning more about a man killed by dps following a freeway chase. sources identifying him as michael hoff. he was on the radar of police in the past. law enforcement was warned he may try to commit suicide by cop. it was caught on video but was it all someone opens the trump only to have it slammed shut again. there are no kidnapping reports in this area of phoenix. police now trying to figure out if this was the real thing. >> and what many are calling a huge political blow. sheriff joe arpio about to face criminal charges for contempt of court. all of this coming a day before the start of early voting. tonight on abc15 at 10:00, see what happens when two guys accidentally wind up in area 51. one of the most secretive places in the country.

you don't want to ask? there's a new website for that. and storm scammers. staffers soaked over the weekend and now a new problem flooding that community. that's tonight on abc15 at 10:00. no storm chances in the forecast any time soon. we're going to stay sunny and dry not only here in the valley but across the state. there's your forecast for tomorrow. temperatures in the upper 50s on your way in. upper 80s by lunchtime. a few high thin clouds in the afternoon forecast. we may s thursday and friday as well. we stay dry. we stay above normal with temperatures in the 90s for the rest of the week. we'll have your seven day coming up again tonight at 10:00. >> a little less of summer just to hang on to it. just a little longer. yeah. yeah. we'll get there. the middle is coming up next. >> we'll see you back here at

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[ crow caws ] frankie: ahh, the first leaves of fall... when you take the duct tape off the sprinkler and put it back on the rake and you know summer's really over. sue was coming back from dollywood, where she'd spent the whole summer as a featured performer in ramblin' jack's banjo review. ? do you love me in a country sort of way? ? ? well, i love her, yeah, i love her ? ? but i ain't a-gonna say ? who said what?! and we were all excited to see her, especially mike. would you relax? sue will get here when she gets here. ooh! white jeans! you don't have those. i'm sorry, mom. no more cousin stuff. i'm putting my foot down, and not in those crocs. all right.