>> i will not lose any sleep if she denied it. she has a brilliant mind. my preference is to go with the jury because as the elected sheriff, he should be business his peers. >> i'm confident they are not going to find anything. >> reporter: now a trial date has been set for december 6 but arpaio's attorneys are going to ask for an extension and the trial will likely begin next year. >> sheriff joe arpaio is facing former phoenix police sergeant paul penzone in november's election. the latest poll taken in august shows arpaio with a five-point

undecided. >> what does today's ruling mean for the election and if he wins, what does it mean for the election? andrew hasbun joins us live now. >> reporter: if the sheriff is convicted of a felony, he could be removed from always. he could stay if convicted of a misdemeanor. if he can stay in always or not, it won't matter if he does not win this november. the race is clo paul penzone thinks so. >> the sheriff behaves as if he is above the law. he puts his needs in front of the safety of the community. >> reporter: it is highlighting a decade's oldies paout between penzone and his ex-wife. >> the priority has been himself over us and the courts spoke loudly saying nobody is above

saying it is clear that the corrupted obama justice is trying to re-election and the people of maricopa county should be outraged as i am. i will fight these charges tooth and nail because i know the charges are rubbish. i know i will be exonerated. >> it makes a difficult election for him more difficult. >> reporter: stan barnes used to be a supporte sheriff's. >> his base will remain his base but it is not a majority. he needs more than just the true believers. he needs republicans of all stripes, plus, a handful of democrats. that coalition that keeps him in always is going to be damaged by this news. >> reporter: the sheriff's campaign has raised millions of dollars and they plan to keep spending until election day.

seventh term in always. >> we will love to hear what you think about today's decision and how it affects arpaio's bid for re-election. join us on facebook on facebook.com/fox10phoenix. >> new numbers from the secretary of state's always -- office shows 100 million people have registered to don't forget early voting begins tomorrow meaning early ballots will be sent out and you can start voting at the locations and we have more information about the locations on fox10phoenix.com. just click seen on tv. police have a mystery on their hands after a video showing a person trapped in the trunk of a car surfaces.

and thomas road. police want to know if this is a big joke or something more sinister. danielle miller joins us live from the neighborhood. what the going on? >> reporter: yeah, not too sure at this time. we spoke with a few neighbors who witnessed this thing saying if it was a joke, it is not a funny one. police have been in the neighborhood all day long trying to talk to people and figure out exactly what happened here. the police he wanted helicopter has been flying overhead. not sure what they are looking for if anything specific. what we do know, as this surveillance video on a home right here captured right across the street a white four-door car pulling up and it shows, which neighbors saw a kid in the back of the trunk. >> i don't think it can be a prank because that could be taken too far, especially when there are people around. >> reporter: around 2:30 monday, police were called to

avenue and thomas for a possible kidnapping. people reported they saw a white four-door car pulling up to a home with a trunk open that had a child in it. home surveillance cameras captured the entire thing. >> he pulled up here where we have the careers at and we caught him when we got the little boys with the hands outside. he tried to open the trunk and the passenger came out and they slammed the trunk and they b left so there were two people. >> reporter: he came outside after this happened. other neighbors say they heard someone yelling for help. he with the neighbors are hoping this was a joke. >> there is always kids around, you know, it is something i was mad about if i was outside. i'm always outside. the one time i was inside, i didn't do anything about it. >> reporter: police say as of now, nobody has been reported

happened here. they are asking anyone with information to call police. danielle miller, fox 10 news. two school buses are involved in a crash near 43rd avenue and union hills. another car involved in this. a driver of the car was taken to the hospital with serious injuries. the buss that collided with the car. the two drivers and three children were evaluated at the scene but were not taken to t it is not clear what caused the crash but impairment does not appear to be a factor. the death toll from hurricane matthew passes 1,000 people in haiti. we're hearing from a valley man who is headed there to help. hundreds of pounds of explosives was no match for the bridge. the implosion that did not go as planned. >> reporter: certainly had a

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the kennedy space station the kennedy space station reopened in florida after shutting down for hurricane matthew. in north carolina, the destruction and flooding continues. >> the storm is being blamed for 30 deaths, half of them in north carolina. here is some video out of north carolina. you can see entire neighborhoods still under water there. some major rivers aren't expecting to crest until friday.

shot by troopers. they were on a search and rescue mission. the state's rescue mission says he became angry when confronted. the shooting is under investigation. devastation in haiti. a drone flying over haiti shows how bad the devastation is. trees stripped bare of their leaves. sand encroaching on neighborhoods, over a million people are in serious need and health officials are considered about a cholera outbreak. this is video of an air crew delivering food and supplies there. 200 troops are on the ground and the navy deployed three ships, including the carrier george washington. hundreds of volunteer workers are heading to haiti, including one man from arizona.

>> reporter: first an earthquake in 2010 that destroyed the poorest country in the western hemisphere. more than 3,000 lives lost, more than a million displaced. now, hurricane matthew hitting the same struggling country last week killing hundreds of haitians, a number that changes by the day. >> how many more hits can they take? >> reporter: a question that paramedic nick asks himself often the destruction hitting the country so impoverished. he saw the tragedy, the destruction, but also the hope. >> they had nothing. their house was demolished and they were happy and positive and just trying to help us out with whatever they could help. >> reporter: since then he goes back as a u.n. medic multiple times a year even set

medical supplies, food, and other necessities for children around the world. today, the children of haiti dealing with the aftermath of hurricane matthew that they show nick in pictures. >> i think their death is 2,000. a few days ago, they were at 1,000. a lot of demolished roads and bridges are out. tons of homes are demolished. >> reporter: his help needed as he prepares to take off for haiti tomorrow morning, your help to keep his mission moving. liz cot -- kotalik, fox 10 news. >> if you want to donate, we have a link on our website, fox10phoenix.com. he will return back to the valley from haiti on october 26. still ahead, dire predictions about future

southwest. tim tebow arrives in the valley for his big debut. kim kardashian is taking legal action against a gossip website. a new video showing how dangerous the recalled samsung

i learned as a police officer and a businessman you should never abuse people's trust. unfortunately, today too many politicians 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. o'halleran: i'm tom o'halleran, and i approve this message,

got a fox 10 news alert. we take you to adot footage. look at this fire burning. this is where the 202 and 101 meet. you can see there is a fire there and some sort of explosion on the onramp. it looks like it is slowing traffic a bit. the lucky loos perhaps and we're not sure if anybody is hurt or trapped. it looks like officials are on the scene. >> it looks like an it looks like it is facing the wrong direction. you see the headlights facing the oncoming traffic. not sure if it spun around and hit an oncoming car. we're keeping an eye on this and we will bring you the latest if we get more information. again, this is at the loop 202 and 101 so try to avoid the area right now. we can imagine in rush hour it

season is getting longer and more destructive and humans are partly to blame for that. it represents half of the forest area burned over the last three decades. longer and hotter dry spells cause it to be more vulnerable to wildfires. the trend is for decades. >> reporter: another beautiful day in the valley. another round of the above average temperatures. the winds pretty light out there at 7 miles an hour. this weather pattern that is nice and mild, lots of sunshine that is what we're going to continue with. we're going to be stuck in a bit of a pattern as we make our way into the end of the workweek.

making their way through the intermountain west. for us, we're going to see the high pressure as the dominant feature so nice, warm dry conditions out there. 95 in casa grande. 94 in yuma. prescott beautiful at 74. similar temps for st. johns. globe, you're in the 80's at this hour. the valley for the most part, in the low 90's. 91 in deer valley and cave creek. warmer into same for chandler. 93 for florence. take a look at maricopa, 98 degrees right now. it is close at the century mark. today, we came in farther above the seasonal norm than yesterday 97. our record temp was back in 1991 when we hit 102 degrees. still in the upper 90's in many

around the country, one of the low pressure systems bringing area of snow and rain to parts of utah and colorado that spills into wyoming and snow earlier tracking through north dakota spilling into canada. yes, another system far out into the atlantic. you can see it is several hundreds of miles away from the united states. we don't have to worry about the impacts of nicole. it is directed toward bermuda at this point. at that category two storm as we get into thursday. not clear if that will make landfall but we should see storm surge associated with that hurricane. back to arizona, the overnight temps will be 42 in st. johns. 67 in bullhead city. lake havasu, 69 degrees. 66 for phoenix. 53 for kingman. 56 degrees expected for page. temps similar to what we saw out there today.

cooler air passing through arizona. 73, window rock. winslow, 82. here in the valley, upper 60's tonight. warming up into the low to mid 90's and we're going to hover around the numbers as we make our way into the weekend. we return to the news alert. this is at loop 101 the off ramp on to the 202 freeway. it looks like the fire trucks looks like an s.u.v. was on fire. not sure what caused the fire but it is causing a traffic headache in that area. the white smoke is typically a good sign. it means the fire the pretty much out. >> we're trying to figure out what happened but it looks like the s.u.v. may have been facing in the wrong direction. the flames were intense. >> reporter: at one point, there was an explosion. we don't know if something blew

gas tank. we're working to get more information. we know it is causing a little bit of a headache out there traffic wise. we will continue to follow this and keep you up-to-date on it. it is nicknamed the volcano of fire. mexico's volcano has rumbled to life spewing ashmore than a mile into the sky. it is one of the most active in central america. no evacuations are under way but people are being w away from the crater, probably a good idea. when you see that, don't go near the crater. still ahead, an implosion that doesn't go as planned after hundreds of explosives failed to destroy a 93-year-old bridge. >> they built things better back than. >> it did not want to go down without a fight. if you have a galaxy note 7 an you haven't returned or shut it down, this video might have

from the house. how accurate are the self-diagnosing sites that you

sheriff paul babeu was headmaster 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 i'll end with that, thank you so much.

james p. walsh: to keep our community safe - we 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 paul penzone... a new sheriff who will put our safety first. home surveillance cameras - capture a pretty frightening site in hawaii... a woman home surveillance cameras capture a frightening sight in hawaii. the woman was checking out the

she said the phone started making a popping noise and smoke started pouring out of the phone. >> oh, my gosh. >> while she was trying to look up information about the smoking phone. she put the phone on a pan and called police. yesterday, samsung asked all customers to stop using their phones and power them down. samsung is offering refunds an all major carriers are allowing them to switch >> that is a good idea to put a lid on a pan. here at fox 10, we like to show you implosions every now and then. >> this is a few we have shown you this year, including the

this broadway bridge. it was built to last. maybe they are rethinking taking it down. it connects little rock and north little rock. a new bridge is being built and the old one is coming down because it is considered structurally deficient. i'm rethinking that after seeing this. after the failed implosion, the state highway tr-pg tweeted out saying that did not go as planned. dismantle the bridge. let's hope that one of the three works. >> third time will be the charm. kim kardashian west is filing suit against a online media outititlet. she says that they wrongly portrayed her as a liar and

and assault. she claimed that she was robbed in paris. she has not tweeted since the attack and in an interview, her sister says khloe says she is doing terrible and the whole family is scaling back. >> if she stops tweeting something is going on. you will need to dig deep into your wallet to buy this ring. the price tag on this jewel. plus, a man walks home but wait until you hear about the surprise he found when he got inside. tonight on fox 10, brand-new episodes of "brooklyn n and "scream queens" then stick around for fox 10 news at 9:00 and 10:00. sexual assault and rape.

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wow, he is making news. one of the biggest names to ever take part in the arizona fall league. today, tim tebow made his debut and a nice crowd showed up to see the former football star showed up to see him try to make it into the major league. steve krafft is live with the story. >> reporter: of course, tim tebow is a famous football player and he is trying to do something that is difficult to do. he is trying professional baseball player. not many have done that, deon sanders, bo jackson, it is a short list. the arizona fall league, number 15 playing left field. of course, he is with the new york mets and this is a press -- prestigious league. a lot of them played in the

tebow won a couple of national championships playing for university university of florida. you can see an enthusiastic crowd. several hundred people, a lot of them came here to see tim tebow. he grounded out twice. the third time was a swinging budget and he was out. it wasn't the best afternoon for him. he enjoyed himself. basketball and getting better and better and achieving his dream of playing in the major league. >> one of the awesome things is being able to live in this country is you get to pursue what you love and pursue what is in your heart and that is something i have always tried to do. just because it is an opportunity in the nfl that doesn't mean that is not in my heart. i love playing the quarterback