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now at 9:00, the parents of a little girl hit by a phoenix police officer are speaking out about what happened and whether they plan to sue the phoenix police department over the tragic events. how medical marijuana businesses are trying to get a the vote to legalize recreational marijuana in arizona. why the surge? that is the question from lawmakers after the cost of the epipen rises over 400%. some say music makes everything better but researchers have narrowed down the type of music that i can makes you most productive at

good evening and thank you for joining us tonight. we begin with a fox 10 news alert. a large earthquake rattling italy. the quake had a magnitude of 6.2. the epicenter northeast of rome. >> these are early pictures of the damage from italy and the scope is not clear but there are disturbing pictures coming in of the damage. a mayor of a town called says the town is under debris and says the town "isn't here anymore." as we get more pictures in, we will bring you the latest as we get it. it with as story that made national headlines. a 9-year-old girl accidently shoots and kills a firearms instructor with an uzi at a shooting range in northern

anniversary of the instruct are's death. >> the family of the man filed an wrongful death lawsuit. reporter: the little girl was visiting bullets and burgers when she lost control of the uzi instanltly killing the instructor. via -- to pass a law that would prevent kids from being able to use these types of weapons. a 9-year-old loses control of the gun and shoots charles vaca shooting him once in the head instantly killing him. the family filed this lawsuit against bullets and burgers.

was working and the businesses that were combined to operate the shooting range, they believe was unsafe and dangerous. they feel like they need to be held accountable for their dad's death. >> reporter: the family publicly told the 9-year-old in this case that she -- they had no ill will towards her placing the responsibility on the company. >> from their perspective, it is not right. it 9-year-old can be given a weapon that shoots over 1,000 rounds a minute. >> reporter: the family started a campaign and petition called the hard act to prevent something like this from happening again. this is vacca's oldest daughter. >> shooting ranges allow children to shoot machine guns. >> reporter: they are working with ruben gallego to pass

would not allow kids to possess or fire powerful weapons. >> reporter: we reached out for comment from bullets and burgers on the lawsuit but have not heard back as of air time. ty brennan, fox 10 news. a gilbert man could be charged with murder and face the death penalty because of a post he made on twitter. police say 21-year-old zack penton killed his roommate on saturday but on friday, he sent out a tweet saying "i need to move out of my place before i viciously kill my roommates." prosecutors could use that tweet to prove that the murder was premeditated. penton, the suspect is charged with second-degree murder. a.p.s. worker is being

being shocked on the job. he was in a bucket installing new transmission lines when this happened. 539th avenue and lower buckeye road, he was zapped in the arm. the electricity went out through his elbow but the worker is said to be doing ok tonight. a.p.s. released a statement saying this is the worst fear for utility workers and their thoughts and prayers with his family. you could say they are in high demand, licenses to operate medical marijuana dispensaries in arizona. >> they received 750 interested applicants. steve krafft has the story. reporter: the state of arizona is making more licenses available for marijuana grow rooms, dispensaries like this one in north phoenix.

>> reporter: at giving tree wellness center there is a dispensary offering medical marijuana to patients and behind it an extensive grow room. 1,000 plants, different strains of marijuana complete with a lab to ensure high quality standards are met. giving tree has applied for new licenses to extend its operations. >> we applied for another location in m west side. >> reporter: it is po not cheap to apply for one of the licenses. you have to come up with $5,000 if you want one and you have to win permission to get that licenses. >> you have to find a location to apply for and that means look at zoning, find a building and find a place you can buy or rent and approval from the owner. reporter: the licenses are only for medical marijuana.

november, recreational marijuana, businesses could expand greatly and they say that could be a good thing. >> it is up to people to decide if they want a glass of wine or a joint. they don't go out after they have marijuana, they stay home and order pizzas. >> reporter: steve krafft, fox a large sinkhole opened up at 59th street and indian school road is filled in tonight. you may want to avoid the area if you can because there are still some lane restrictions in place until next monday morning backups. a family trip to disney turns into a nightmare after their young son was treated like a criminal while going through

sky harbor airport. 9 cheerled chille suffers from heart disease that forces him to have a pacemaker. he was stopped at a security checkpoint at sky harbor airport. his pacemaker usually means he would have to be screened alternatively but tbhot -- not this time, he was td would need an exception to fly. >> shocked beyond belief. in walks the head of department of homeland security for the entire airport followed by the other supervisors and managers with 10 other people from t.s.a. >> and four police officers with gun, tasers, all of that. can you explain to me what is happening right now because i'm not used to this? >> at that point, the t.s.a.

flying today. >> well spoken. >> he voices the feelings of a lot of people. >> you're right, john. t.s.a. says they are reviewing saturday's incident. in the meantime, the family booked another flight home but with weather, it was 14 hours later. a life or death matter bringing more strife to some families. the cost of epipens soaring to epic levels. medicine into someone having a severe an allergic reaction. linda williams spoke with a valley mom who calls this increase price gouging. >> are the 400% increase in epipens is unfair to families who cannot afford the inreleased price. she says this is a life or death medication.

>> he gets hives and his throat will swell and he will stop breathing because his body thinks peanuts are poison. >> reporter: they have a two pack of epipens at his school and two pack at home that they take when they go on outings. conway says when he was first diagnosed allot years ago, a two pack of epipens cost it costs $500. >> they can stop breathing and they could die because they can't afford the medicine. >> reporter: she has signed a petition urging congress to investigate the company as what some people say is price gouging.

cash and trips for criminals who stay out of trouble. it is the idea behind a new program that some say is sending the wrong message. he went for a swim an it nearly killed him. now a medical miracle. how doctors were able to help a young boy who survived a brain-eating amoeba. >> this is a story we need to tell. >> your kids might like the idea but would it work? students no more homework.

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a fox 10 news alert. the l-a county sheriff's a fox 10 news alert. got a fox 10 news alert. the l.a. county sheriff's office is looking for two people wanted in connection to the murder. they believe the couple is headed to arizona with the victim's three children. >> josh robinson and brittney

was found north of l.a. the woman's three kids are missing and police believe they have kidnapped them. the couple is considered ampled and dangerous. >> they may be driving a ford expedition of license plate 73bek724. if you see them or the vehicle, you're urged to call the l.a. county sheriff's office or 911. a city in the bay area is using a crime-fighting strategy that som crazy. >> it is different. richmond, california, has dealt with severe they have incentives to not commit crime. joy mccoy searches for the most dangerous young men who avoided arrest due to lack of evidence

advance peace, an 18-month fellowship program where mentors talk several times a day with men who have served time for drug crimes. >> i never had a job. i'm 26 and i'm just now getting a job. i did not know why a w-2 was or how to make a resume. they taught me everything. >> reporter: he gets to travel, too. this picture taken in los angeles, one of the many excursions available to those wh if after six months, they begin to achieve their goals, they can earn up to $1,000 a month. that does not sit well with lorraine taylor whose twin sons were gunned down at the age of 22. >> any were to find out the guy who murdered my twin sons were getting $1,000 for a promise, how can you trust, you know, if

comes from private donations. >> our goal is to connect in a human way and change the mindset that gives rise to destructive behavior. >> some argue that the threshold is not high but most of the 82 men who have gone through the program are still alive. they are not considered suspects in new gun crimes. critics say the program sends a could get money or trip, it should be victims of violence. >> that is a tough one. you want something that works but you can see the flip side of it, somebody whose son or daughter was killed and possibly a perpetrator in the event was basically, paid. >> helped out by the government to not commit crimes. in the end, it might be more cost effective to do that. >> is there a third option somewhere? >> i hope so.

commit the crime. it shul interesting. he was once the starting running back for the arizona cardinals. now the question is, can andre ellington bring the same capability to special teams? how special can special teams be? >> reporter: a loud, noisy storm today bringing moisture, in fact, a lot of it around the valley. not much the rest of however. we'll look to see what is going

>> reporter: hi, folks. 90 degrees right now. the breezes down a little bit at 7 miles an hour right now up in the north, northeast. 86 in scottsdale. 89 in ahwatukee.

84 in apache junction. as you can see, a little bit of moisture kind of working its way through the state today. we had quite a wake-up this morning with some of that stuff working its way through the valley. by the looks of it, it was last night that or early last ebbing when the east side got hit -- the west side got hit and the east side got slammed this in. that stuff is backing off this evening kind of working its way in a circle around that low pressure system that has brought the moisture in coming down through flagstaff now. still a little moisture hanging out there. we look at the east mountains and see a little bit hanging on there as well. take a look at the amounts we picked up, a little more than .25 at st. johns.

still moisture out there. look at the dew points way up in the 50's. they were in the 40's last night at this time. you saw 40's this afternoon in the deserts. everything back up in the 50's once again. there is a lot of moisture around so there is a potential for a shower but not much happening in the next couple of days. by friday, it looks like something is going to be returning to the valley here. you can see friday, a lot of action all around us. take a look at this once again, we get another shot of it. the winds have died down nicely. in globe, they have a little gust. 96 degrees is what we ended up for the high on the day today. you can see 90's surrounding 70 in sedona. 102 at gila bend on the day today. not bad temperatures. look at show low at 68 degrees. 95 in safford. 74 for the low.

lows. there is the record high at 114 and record low at 61. 100 in scottsdale is what we're forecasting. 101 in ahwatukee. 100 at sky harbor. take a look at the mountains. 71 in flagstaff. at the grand canyon, 78. 106 at yuma. 102 in casa grande. looking across the country, some heavy, heavy rain on the day today. windy conditions at 60 miles an hour. this storm kicking that off as far as the northern plains are concerned. overnight, 86 degrees. we'll look at 100-degrees for tomorrow. as the storms back off a little bit, however, a return late friday into saturday as we see the temps come down again as well. yes, that is a 107. watch your kids around water.

>> we're eyeing it very carefully. president obama visits flood-ravaged louisiana to take a look at the damage left behinds. the disaster left 13 people dead, thousands of people displaced from their homes. the government has set aside $120 million in emergency funding for flood victims and the president says more recourses -- resources will be made availle >> we're glad the people i got to meet are safe but they have a lot of work to do and they should haven't to do it alone. >> president obama has been blasted about not cutting his vacation from martha vineyard's trip short sooner. where donald trump is rumored to be speaking next week.

country. how a day on the water turned into an international incident for several tubers in michigan. but up next, we hear from friends of a valley man who was stabbed to death outside of a valley bar. >> we will not let his image be tarnished from the meanness that

tonight--- friends are celebrating the life of a man tonight--- friends are tonight, friends are

killed while heading open from a central phoenix nightclub. police arrested a transient who stabbed him multiple times. >> the suspect claims he was defending himself but the victim's friends don't believe the story. >> reporter: the story that the suspect told police is the victim tried to take something from him, a struggle ensued and he pulled a knife in self defense. the victim's fri out of character. the man they are celebrating tonight was an activist and a volunteer. 38-year-old volunteer was a well known advocate in the lbgt community. >> there was something going on to give in spirit, heart, volunteer, gabrielle was there. >> reporter: she knew the victim for nearly 20 years.

to miss him. >> reporter: police arrested a transients. he told police the victim who was walk home from a night out tried to take something from him while he was asleep. the treens -- transient and the victim struggled. >> we will not let his image be tarnished from the meannessha happen to him. it brought everyone together. >> reporter: a list of popular performers will take the stage to help the family pay for funeral services. >> a good-hearted person be celebrated, not knocked down. we won't let his spirit be knocked down. >> reporter: the other pirn --

suspect was took off and described as having long blond hair. a 3-year-old girl hit by a phoenix police cruiser while buying ice cream from an ice cream truck is in bad shape tonight. little vanessa is in a medically-induced sleep with major head and brain injuries. the accident happened one week ago and in a video message, they support and the attorney talked about the latest in the case. >> i want to pray for my daughter and my family. >> while she layed on the pavement after she was run over by the police vehicle, her mother, her 10-year-old brother, and her 7-year-old sister came to her side.

that they will never forget. >> police say the 35-year-old officer who was driving the patrol car is devastated by the accident. sky fox over a deadly motorcycle crash in mesa today. the police said the driver was speeding this morning. d.p.s. tried to pull him over and then lost sight of him. the man crashed into another car and died at the scene. no one else donald trump may be returning to arizona next week. the city of mesa says that trump's campaign is scouting out sites where trump can give a policy speech that holds more than 500 people and they haved advised them to work with hotels in the area.

stop in the valley. five new cases of locally transmitted zika confirmed in florida. four of the cases are what has become known as the zika zone. the winwood area but the fifth case is in tampa, which concerns people that mosquitoes carrying zika has made its way in in the tampa area. a medical miracle in florida. a teenager defies the odds and survives a brain-eating amoeba. >> doctors say a speedy diagnosis and readily available drugs made him the fourth person in the u.s. to survive a brain-eating amoeba.

his power for everything he has done in saving our kid's life. >> reporter: she feared something so small that could only be seen under a microscope would kill her son sebastian. >> he is walking, talking, you know, it is a miracle. >> reporter: sebastian's doctor choked up at times when he talked about his 16-year-old patient. >> i have in the past and they are marginal fatal. so this is a story that we need to tell about says sebastian. >> reporter: two weeks ago, the teen traveled to orlando, florida, vacationing with his family. he started complaining about a headache. >> he walked to the room.

tv. we could tell he had quite a lot of, what we call photo phobia, the light bothering him because in the room he was wearing sunglasses. >> reporter: the doctors discovered he was swimming in fresh water, which led them to do a special test and that test confirmed an amoeba. the doctor broke the news to the teen's parents. >> i had to tell them to say their goodbyes. i said tel want to tell your child. >> reporter: immediately, they put him on a cocktail of seven drugs, one manufactured in orlando and it was just approved by the c.d.c. and it was delivered in 11 minutes. >> minutes count and having the drug at part and having all treatment at hand is crucial. >> reporter: doctors started lowinger his body temperature to 33 degrees to slow down the

medically-induced coma for three days until lab tests showed no signs of the amoeba. >> we decided to wake him up and within hours he spoke. >> reporter: sebastian's condition continues to improve. his parents say their prayers have been answered. >> we are so thankful for the gift of life. >> he has another two weeks of medicine to take a to get more lab work done to make sure the amoeba is gone. still ahead tonight, gone with the wind. 1,500 people enjoying the day on the river and they accidently ended up on international waters. >> they must have had a good time. >> this got weird. >> floated away. >> bringing them back to the u.s. was not cheap. plus, how familiar faces are convincing high school dropouts

the efforts to increase graduation rates here in

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the high school graduation rate in arizona is the high school the high school graduation rate in arizona is only 76%. the city of phoenix is hoping to change that and up the number. playerstep -- steven hunter and mayor greg stanton went door-to-door. >> i grew up around a lot of poverty and high school dropouts but i was able to stay firm and stick with it. i got my high school diploma and accepted a basketball scholarship to a university. these kids can have the same

district offer online or night classes for those who are behind in credits or work during the day. getting a new driver's license is usually a pain. all of the paperwork, making sure you have the right documents and waiting in a long line, now, a dot is making things easier. license applicants can schedule road tests online and 11m.v.p. officers are included in the new feature and the other will be added in the next two weeks. adot says they are doing this to improve customer service. >> reporter: more folks carrying a key to the american dream this summer. new home sales hitting the highest level in nearly nine years jumping more than 12% in july. people may be finding a nest to call their own, their nest egg is suffering. according to a new survey, two in three americans believe they

65. gen-x's are least optimistic. best buy topping retail sales estimates thanks to online sales. something else soaring, the nation's debt. by year's end, it is expected to reach the highest level in 65 years. be going hungry any time soon. forbes naming her the highest paid leading lady for the second year in a row making $46 million in the past 12 months. that's business. the days of swimming with the dolphins in hawaii may be numbered. federal regulators may be posing a ban on a popular tourist attraction. marine official says the species are being deprived of rest

this is where it gets interesting. the agency proposes that swimmers and boats stay 50 yards away from the mammals. we swam with them in the wild. >> they swam up to you. >> we hung out with them and went in before they ever left. they were out there for 20 minutes. it was amazing. >> under this new proposal, you would be breaking the law. >> i don't think we broke any law because they did not seem to mind at all. new effective next year. they seemed to be fine with it. a big mishap involving an annual rafting event in michigan. participants making international headlines when they crossed into international waters. >> they were enjoying a nice day and the winds picked up and pushed them on the canadian side

>> 1,500 people were on the canadian side. as you can imagine, getting them over the border became a headache for canadian and american authorities. >> so they brought in buses that to haul the tubers back to michigan and get this, the ordeal cost the city of ontario $8,000 to do this. >> i would think it would cost the tubers more. >> i were too difference. >> get the drunk tubers out immediately. next in the buzz, a new school year means changes for our kids but one teacher's homework policy is raising eyebrows. by the way, we think this policy is one that your kids would

it's time for the buzz... where we talk about the it's time for the buzz... time for the buzz where we talk about the stori people are talking about. >> first up, the quest to stay young, at least young look casa grande be tough for women in the show business industry. i'm going to start crying on my birthday today. >> happy birthday, by the way. >> plastic surgery has become common place. actress courteney cox got real on the subject. she says she regrets all of the

years in an effort to slow the aging process. she said she looked kind of weird. i would agree. it is unclear if she will have more procedures in the future. she says her new motto is probably not to. from now on "i'm going to let it be" that indicates she probably won't. >> she sro where she can let things go. it also depends if she feelsic it will affect her work. >> she played a woman who would do that in "cougartown." we might need to play music at our desk.

>> can we agree on something though? >> a study, they looked at this and playing upbeat music like "yellow submarine" makes you work better as a team. listening to heavy metal makes you more selfish. >> maybe "the yellow submarine" is a sing along songs. >> what i love about the beatles things but there is always optimism in the music. >> "yesterday" that song is optimistic? >> wistful, yeah. what would you listen to? >> we were listening to the beatles this morning where they comb across the hair. >> i think you would listen to cher and we would have issues.

and kids who would love this. a teacher in texas is starting the school year off right, no homework. she says no formerly assigned homework. she wants the kids to complete in-class work and go home and spend time with their families, have dinner together, read, play games and get to bed early. >> there is truth to this because it is too bad, often the homework issue becomes a even though you're not supposed to, it is easy to jump in and help out and you're sucked into the rabbit hole. >> you don't want them to not get the homework done but i don't remember my parents looking in my book bag and telling me to do our home work. >> you know that feeling when your kid is flirting with an f. your turn to chime in.

post your thoughts. >> their homework is too hard. >> when gets into the math, i can't do it. >> that is where they lost us. >> reporter: we're going to get into the math with andre ellington. can he bring the big plays from the running back to the special teams? kareem moore, the fabulous freshman season now a corner back. sun devils closing in on the

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>> reporter: he was once the starting running back for the cardinals but andre ellington is number three behind david johnson and chris johnson. the cardinals believe that capabilities to the return game. he has had a nice preseason run. the big run against the raiders in the first preseason game. again, you can see that initialing against the chargers as well. now the question is, if you put him in punt return, kick return, can you still see the big plays? bruce arians believes so. >> he is unbelievable in so

in space, the better he can be. he is a natural punt catcher and not many people can go in there and make catches like he can. we had guys running up there with [beep] kicks. he can get a lot of decisions in that manner. it doesn't take much for him. when you think about a punt return, you stretch it and hit a crease. he has to house call. >> reporter: let's check in with the sun devils. kareem moore, the fabulous freshman. last year, five interceptions as a freshman. now they are going to transition him to the cornerback position. we could see philosophical changes defensively for the sun devils going into the season.

second year. >> he has been the most impressive guy with their drive and passion. we call it grit. he has been solid. if you ask me in the secondary, kareem has been the one that has been, if you ask me, who is the leader in work ethic and how he has played, it has been him. >> reporter: bring it back to the d-backs. gonzo back at the plate. how about matt williams and mark grace, it is the alumni game at chase field this saturday. some of your favorite d-backs taking a couple of swings. reggie sanders, by the way, is included. >> i'm hoping it is more of a laid back type approach. i haven't picked up a ball or

word on the street is there are a few guys who take it seriously. >> reporter: take a look at this jersey. all you got to do is show up. 2:30 start time and you get this fabulous pullover. are we able to keep this pullover? >> or show up and be the first 20,000. >> reporter: i will play shortstop. as for the d-backs tonight, taking on atlanta. there is gonzoening happening out with baxter. this is g watching yasmany tomas drive in jean segura and michael bourn. tie game at two but, oh, man, jake lamb ground rule double is going to bounce over the fence. d-backs led, 4-2. in the eights, matt kemp clears the bases. 6-4, atlanta leading the d-backs. here is marc martinez with fox

the family of a shooting instructor killed by a 9-year-old girl at a gun range is taking legal action. who they say is to blame. t.s.a. agents stop a 9-year-old boy from flying out of sky harbor. more than 700 apply but only 30 will receive licenses for arizona grow rooms. why so many are thank you for joining us tonight at 10:00. this was a story that made national headlines. two years ago, a 9-year-old girl accidently shot and killed a firearms instructor with an uzi at a shooting range in arizona. the family of the man has filed a wrongful death lawsuit against the company who owns the gun range. ty brennan has the story for us