all of this, asked the u.s. attorney's office to investigate arpaio and his top aides to decide if arpaio's actions rise to a criminal level. again, this ruling was handed down just minutes ago. we are continuing to read through it and we'll bring you much more tonight on fox 10 news at 9:00 and 10:00. there's more legal news this afternoon as arizona voters, it appears they will decide whether to legalize marijuana for recreational use in november. after a maricopa county judge threw out a lawsuit that was seeking to the ballot. but supporters of prop 205, they are pleased with the ruling but opponents are vowing to challenge it one more time at the arizona state supreme court. if voters were to approve regulation and taxation of marijuana, arizonans 21 and older would be allowed to possess an ounce of weed and grow up to six plants for personal use. the drug would be taxed at 15%.

$55 million would then be funneled through tax dollars into education. those against legalizing weed, they are worried that children would get their hands on the drug and it could cause problems in society. they're also concerned about a potential increase in substance abuse, stoned drivers, less productivity in the workplace. >> this is not a surprise. we knew going into this that this lawsuit was frivolous in every single regard. it was ultimately a waste of the court's time and taxpayer dollars, and the courts ruled against the prohibitionists. there's a lot that can happen betwen new and november, so certainly don't count your chickens before they hatch. i would ask you to ask me that question on november 9th, but as things stand today, i would be thrilled if the vote were to be held tomorrow. >> there's a number of reasons why voters should reject this measure. it's a huge danger to children.

seen a 72% increase in consumption and accidental exposure by children, we are talking three, four, and five-year-olds, and what colorado did is they logically went back and said we are going to outlaw gummy bears, marijuana gummy beer -- gummy bears. >> releasing a statement saying that marijuana laced candy times more potent than a joint smoked at woodstock. and this image, can you tell which gummy bears contain marijuana? can your child? vote no on prop 205. joining me now in studio, we have talked about this, we talked about it on news maker sunday. what's the path forward now for the arizona supreme court? >> we have a set of procedural

they deal with disputes involving elections and ballot measures and they are organized in a way that allows us to get a final decision in a dispute like this on a very expedited basis, not just before voting day but before in this instance, perhaps, a ballot even needs to be printed for voters. >> so they are under the gun they have got to get it done. >> that's right. >> do they hear oral arguments in this, or does this come in as briefs filed by the >> although the court can, it doesn't have to. the challengers in this case, the losers, need to file an appeal of judge gentry's ruling in ten days, which is 20 days faster than a traditional appeal, and once that is filed there will be a conference scheduled very quickly, briefs will be shorter than in a typical appeal.

are designed so that can we can obtain a final decision on a faster basis. >> the state supreme court cannot say no, can't look at it and say we are not going to take this up. >> no, this isn't discretionary because it is an appeal. the parties in this case, either one of them have the right to appeal, and that's presumably what they will exercise if they decide to do that. >> do you think the override is for the voters to have their say and the court will not interfere? >> i think that's the conventional wisdom, the idea is that unless there is something really procedurally wrong in what happened to the run up to the signatures, then you really want the voters to decide the will of the issue. keep in mind the challengers have one more bite at the apple in the sense that if the ballot passes, it can be challenged one more time. >> it can still be challenged even after it passes. >> after the fact, yeah.

the breaking news with joe arpaio. you have been a lawyer for more than 30 years. how much jeopardy is joe arpaio in tonight with a decision from judge snow to go forward and refer it to the feds? >> well, it certainly creates a cloud. i mean he hasn't been indicted yet. >> right. >> but anytime a sitting federal judge suggests to the attorney general's office that someone like a sheriff in a state be investigated for potential criminal activity, that's serious no matter how you look at it. >> and this is the obama justice department. i mean, iou may be predisposed to wanting to perhaps get at joe arpaio. >> well, i don't know about that, but you do have to take into account his track record of profiling, which was a big element of the whole dispute with judge snow and the contempt proceedings and we know what the obama administration's position is on profiling, so -- >> casual friday. we are going to put you in a suit and you are going to be part of the staff now because we

questions. the story about marijuana, let's circle back there. it has a lot of you sounding off on the facebook page. do you support or are you against prop 205 >> log on to our facebook page, send us feedback, we would love to hear from you. silent witness is offering a reward for information leading to the stabbing of a man outside shivaswamy hosakote found dead yesterday in his car. the motive is unclear, and the suspect may have been captured on surveillance video. a phoenix police officer and detectives shoot and kill a man who they say attacked an officer. the officer was investigating a suspicious vehicle near 20th street and thomas.

broke his nose. the man and the officer struggled for a gun, according to police, and a detective ran over to help, and both the detective and officer fired on the suspect. he tried to run away but died at the scene. the officer and detective tonight are both on paid administrative leave. that is standard. glendale police want to find a motorcyclist who hit a driver and left him at the scene. this is a bad accident. the accident shut down the streets near grand and 53rd the 30-year-old cyclist in the hospital with life-threatening injuries tonight. police say the driver was heing northwest on grand, crashed into the motorcyclist heading in the same direction. the driver then took off on foot. police say he is hispanic, six feet tall, 30-35, maybe 40 years old. call glendale police if you have any information about this. a prescott police officer hurt in a crash, police say this morning someone tried to make a left turn in front of the

collided. the officer had some bumps and bruises. he was treated at the scene. the other driver, a woman was taken to the hospital for evaluation. donald trump expressing regret for some of the comments he's made during this election as his campaign goes through another shake-up, pretty late in the game, and the clinton camp doing some damage control responding to revelations that the clinton foundation had been accepting donations from countries. lauren blanchard has more. >> the candidate showing off a touch of humility last night in north carolina. >> and i do regret it, particularly where it may have caused personal pain. >> reporter: but just as it seemed trump was stabilizing his campaign, his controversial campaign chairman, paul manafort, announces he is resigning amid growing speculation his ties to ukraine politics are a little too close

to be distracted by whatever things that paul was dealing with. >> trying to stay on track, trump and his running mate, mike pence, made a last minute trip to louisiana to visit with those impacted by the devastating floods. and while the g.o.p. nominee attempts to show a softer side, his democratic contender said the words ring hollow, until donald trump tells us which of his many divisive and bullying comments his tune all together. meanwhile, clinton is facing backlash of her own after reports the clinton foundation received money from other countries. the campaign responding today saying the foundation will stop accepting foreign donations if the former secretary of state wins in november, but some analysts say by then it might be too little too late. >> the majority don't trust her

campaign. >> a clear admission of disturbing connections between trump's team and prorussian forces, in washington, lauren blanchard, fox news. three cases of the zika virus reported in cochise county, people who recently traveled to puerto rico, one of the countries under a zika warning. this year, though, west nile has not been found in mosquitoes in cochise county. if you like to scare and be scared, actors are needed for a haunted house in the valley. pretty good gig for somebody out there. it's fun, the pay is not bad. details about the audition coming up after the break. plus free ice cream sandwiches up for grabs at a shop in the valley. details coming up next.

evening, a few up north and a few down south that are growing quite rapidly. we'll take a look at that coming

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fox 10 news is back. health officials say there are now more than 100 reported cases of cryptosporidium in maricopa county. it is a parasite that can cause symptoms like diarrhea, typically spread in swimming pool and other recreational water bodie are at risk of contamination with crypto. those facilities are being notified. anyone experiencing symptoms should avoid swimming and preparing food. that's important, while those symptoms last. we don't want to spread it. new at 6:00, how to free ice cream and cookies sound on a warm saturday afternoon? we have got the scoop for you. the baked bear is opening its second valley location tomorrow

in tempe. this is 4:00 to 6:00 p.m., that's when it gets going, giving away free ice cream sandwiches that are homemade from scratch right there. you can mix and match cookies, brownies and donuts and choose from 12 different flavors of ice cream. this sounds sinful and good. the baked bear has also added a 13th flavor. that's soy chocolate chip. it also offers root beer floats and ice cream sund which is either a browny or a chocolate chip cookie, and it is in a bowl, so you get a scoop of ice cream on top of that and you can pick any toppings. >> the business also encouraging a.s.u. students to stop by tomorrow as they are back in school again. again, free ice cream sandwiches tomorrow from 4:00 to 6:00 p.m. the baked bear opened its first valley location in scottsdale back in may. if you love halloween and the haunted houses and scaring

you. the 13th floor haunted house is looking for help. the valley haunted house looking for a hundred people to be actors in the haunted house. auditions are every monday at 7:00 p.m. on the 13th floor in phoenix. >> we are looking for people that just want to have fun, honestly, very active people to people that maybe even are shy and they pull out a little timid and we'll teach them how to pop and get scary. it's really someone who has a lot of energy and is willing to let loose and have >> i wonder what the age cutoff is on that? my kids would love to do this. 13th floor opens its doors september 23rd. still ahead tonight, dave munsey looks ahead at the weekend forecast as we look at a live picture of traffic flowing really nicely tonight along i-10 and van buren as a lot of people have already gotten out of the office and headed home today.

your exclusive accuweather forecast with dave munsey on fox 10 news. dave, something is happening out there, and here's how i know. >> okay. >> there was a period of time like three weeks where you couldn't cool the pool down overnight at all. >> okay. all right. >> now, it's starting to come down, the overnight lows are dropping. right. . >> we are going to put you on

>> i would love it. i would be honored. i would be like the 17th guy on the weather team right now. >> i know. every morning, i swim and i can tell a little change every day, and there's a little change in that early morning air as well. the afternoon air is about the same as you can see here at 101 degrees, winds west at 14. 100 in scottsdale, 98 up in cave creek, 102 in glendale, in ahwatukee right now it's 100 degrees, and yes, we do have some moisture this time of year. not much threatening the valley. you see something up in the northeast side there. you see some stuff down south here and the numbers here have been pretty good, anywhere from a half an inch to almost two inches in some areas. so the moisture is most definitely there. the moisture is most definitely a little bit south of us. you take a look here. you see a little bit up here by fountain hills. kind of working its way through, so definitely a little bit of

you can see up by baghdad earlier, coming in, and now backing off quite a bit. we get over into the flagstaff area and you can see some pretty good weather over there as well. and then you ca see here over in the eastern mountains on the day today, we go to 104 degrees. you can see some other numbers here with 102ss, another 104 up in glendale, 74 in prescott, 103 at gila bend, 104 at yuma, and 82 today this is your day. 103 on the high, 79 on the low, 104 and 83 normal high and low. and we are pretty close to where we should be. 113 record high for the day, 63 your record low for the day. forecasting for tomorrow at 100 degrees, and you can see some of those other numbers a little higher, some a little lower, scattered showers storms moving into minnesota. and you can see moving into northeastern texas this evening as well.

100 degrees for tomorrow as we head into our weekend temperatures come down just a little bit here. you can see that 98 on sunday and some 100s or close to 100-degree temperatures. watch your kids around water. well, this is going to be the biggest decision for the a.s.u. football season. todd graham must decide on a brand-new quarterback. who will it be? and how's it going so far in training camp? we check in with the sun devils in just minutes. at longhorn, steak is all you need. its not all you get. longhorn's great american steak dinner for $12.99. perfectly seasoned sirloin with your choice of side. plus an appetizer or a dessert. all with fresh salad and unlimited bread.

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you're watching fox 10 sports with jude lacava in hd. well, todd graham's high octane, up-tempo, play fast offense, the most integral part of it all starts with the purposes it appears to be a two horse race between wilkins and white. earlier in training camp i talked to coach graham who said it comes down to a simplistic approach, which quarterback makes that offensive unit better? and when you look at this unit, who's going to make the read option? do you pull it in, run with it?

passing game? we'll see the return of the vertical passing game when it comes to the sun devils football team, really put up numbers last year in dramatic fashion. no question about it, when you look at the battle for the quarterback position, so far, so good, graham likes what he sees in training camp. >> i thought all of the quarterbacks played well. the biggest thing, don't turn the football over. we had too many turnovers. but i thought we operated pretty well. i thought the dylan showed great promise. >> as for the diamondbacks over in san diego, well, they're battling, trying to win some games, a padre team that may be on equal footing here. you look at the kind of season that segura has had. the team rallied. they lost 9-8. they are going to have a chance to go with zack greinke tonight against cosart, so we'll see if the dbacks can break into the win column after losing last

way tonight at 9:00, playing the chargers, and we'll see more from some of the backups battling for position. stanton wants to play a little bit better, and the young guys. >> bercovici? >> bercovici is probably going to get some snaps in the second half tonight. >> you think he's going to make the roster? >> he's going to be on developmental roster in my opinion. >> great opportunity for him, good sun devil kid. tmz is up next. we'll see you back here tonight

now how's that thing supposed to convince anyone to buy a car? it's just full of hot air and doesn't say much. like the labels you see on a lot of chicken packaging. the ones that say "raised without antibiotics." that's just a trick to get you to pay more money. fact is, by federal law, all chickens must be clear of antibiotics before they leave the farm. it's a marketing gimmick...like mr. floppy arms here.

e, dale. dale? fresh. delicious. chicken, from sanderson farms. >> today on tmz -- >> ryan lochte has apologized kind of. says i want to apologize for not being more careful and candid in how i described the event. he told a story that never happened. >> the essence was he got >> that is not careful and candid. that's like saying i got to the office today via space ship. >> diddy and cassie. they broke up and the cops got involved. >> they were in a car and got in a fight i guess. she broke up with him. >> diddy allegedly jumped out of their car in beverly hills with her phone. >> her mom called the cops because he took her phone. >> this is legit 16-year-old breakup. >> i will say this though.