the man behind the wheel died in the collision. chandler and marketplace are expected to be closed for several hours. federal prosecutors announce sheriff joe arpaio will face criminal contempt of court charges after his always failed to follow a judge's orders to end immigration profiling stops. this comes after arpaio is seeking a seventh term in office. this was >> reporter: marc, federal prosecutors will file a criminal complaint against the sheriff accusing him of contempt of court and that is going to happen by tomorrow. this officially begins the criminal proceedings against the sheriff and at the end of all of this, he could possibly land himself behind bars up to six months. sheriff joe arpaio was not in court at today's hearing but a

protest outside of the courthouse. >> arrest arpaio, not the people. >> reporter: he faces criminal contempt charges, he will not be treated like a typical criminal. >> they will not see him arrested. >> reporter: he will not have a formal arraignment, which is the first time an accused criminal has to plea before a judge. it. >> i appreciated the judge's gesture. >> reporter: federal prosecutors are seeking a bench trial. arpaio attorneys are pushing for a jury trial. sheriff's peers to make this decision. >> reporter: federal prosecutors may seek to charge arpaio of two counts of obstruction of justice accusing

could have been used against him. >> they can investigate anything they want. i'm confident they are not going to find anything. >> reporter: a trial date has been set for december 6 but that won't happen. attorneys saying they will file an extension saying they need more time to prepare for this trial. reporting live, i'm nicole garcia, fox 10 news. sheriff joe arpaio will face democrat paul penzone in the penzone is speaking out. andrew continue ours live team coverage with that part of the story. >> reporter: the race is close. will the news make a difference? paul penzone thinks so. >> they are tired of the wasted dollars and the politics and they say it is time. >> reporter: the sheriff has spent millions on this campaign highlighting a decade's oldies

ex-wife. >> the priority has been himself over us and coming to an end and if court spoke saying nobody the above the law. >> reporter: arpaio came out saying in part that it is clear that the corrupt obama justice department is trying to interfere with my re-election. the people of maricopa county should be as outraged as i am. i will fight this tooth and nail because i know these charges are i am confident i will be exonerated. >> it makes a difficult election for him more difficult. >> reporter: stan barnes used to be a supporter of the sheriff's. >> he is in more trouble and all of these things windle away at that coalition that is willing to keep him in office. i can feel it shrinking as this news disseminates. >> reporter: if convicted of a

from office but not if convicted of a misdemeanor. i'm andrew hasbun, fox 10 news. >> today's developments has a lot of you speaking out on our facebook page. andy says if you willing ignore your boss's rule or direction, do you expect to b why the it different with joe? he admitted to ignoring the judge's orders. steve writes so they can prosecute sheriff joe but not hillary for worse crimes? we would like to know what you think. log on to our facebook page and send us your feedback. the phoenix owners of the former new times is in custody. they have been backed into sacramento county jail. they are charged with sex

multistate investigation into backpage.com. the men are controlling shareholders of the website accused of knowingly allowing adults to be sold into sex slavery. the c.e.o. is being held on sex trafficking charges. backpage.com was designed to be the world's top online brothel. attorneys call the arrests an election year stunt. in a developin phoenix police are investigating a video that appears to show a person trapped in the trunk of a car. they are trying to figure out if the video is real or a hoax. police were called for a possible kidnapping yesterday. home surveillance video shows a white four-door car pulling up to the home and the trunk opens right there and it appeared to have a child in the trunk. a person gets out and closes the

yelling from the trunk. >> he tried to open the trunk and the passenger came out and slammed the truck and they left so there were two people. >> neighbors think this is real. anyone with information is being asked to call phoenix police. glendale police say the man accused in a deadly shooting admitted to being the one who pulled the trigger. he is accused of killing 18-year-old juan diaz and firing tw 67th avenue and bethany home road. diaz's girlfriend was in the car and saw the entire thing. she wasn't hurt. it is not clear why baker young opened fire but we're told they had a disagreement over facebook. a man is under arrest in southern arizona accused of killing a neighbor and wounding her husband.

wife elizabeth was going to give him kittens. when she opened the door, steele shot and killed her. steele walked into the room and shot mr. coleman. no word yet on any motive for the violent attack. a coalition of 14,000 law enforcement officers announce their opposion that is the campaign to regulate marijuana like alcohol in our state that will make recreational marijuana legal. the police association says "as we have seen in states that legalize marijuana the unintended consequences takes resources that we do not have. it will take crime and drunk driving among the arizona youth." the yes campaign released a

behalf of a retired d.e.a. agent. he says "the truth that many rank and file law enforcement members know is their better time the better used going after real =s than enforcing laws. if voters decide to pass prop 205, it could put a dent in cartels. marijuana shops would be established in places, including nogales where smugglers are caught with backpacks full of weed. how cartels respond to legalization the up for debate. a retired d.e.a. agent says it would cripple smugglers and others say they would push harder drugs like heroin or meth. during last night's senate

mccain repeated he the no longer supporting donald trump over the g.o.p.'s crude remarks about women. trump called out mccain saying the foul-mouthed mccain begged for my support, i gave and he won. when the republican party the in crisis mode now, rich edmond has more from washington. >> reporter: the shackles have been taken off. this is trump targeting those within his own party, including paul ryan. the highest elected republican says the only focus maintaining the republican majority in congress. trump says ryan is "weak and ineffective" adding in another tweet, i can fight for america the way i want to. trump is carrying his g.o.p. >> you have people who can't fix a budget but they talk about

the budgets. isn't it sad we don't have stronger leadership on both sides? >> reporter: trump the bringing that style to a tv ad on hillary clinton. >> hillary clinton doesn't have the fortitude, strength, or stamina to lead in our world. >> america can't afford a candidate who doesn't step climate science. >> reporter: clinton is teaming up with al gore in florida who knows the importance of winning the sunshine s >> if you think your vote does not matter, take it from me, your vote can make all of the difference in this reelection. reporter: the clinton campaign the engaging in its own twitter fight, the target wikileaks. campaign spokesman is accusing wikileaks of concluding with russia to help donald trump.

declares an emergency for south carolina hit heart by hurricane matthew. the move brings federal aid to areas hit by the powerful storm. the risk of flooding continues for the next several days. fema is bringing food, water and other supplies to people in need. there are 30 people confirmed dead in the u.s. from the hurricane. still ahead, a valley costume shop says forget about th why they are selling the masks and other clown merchandise and what they are saying about the clowns across the country. one arizona dog made a name for himself but things are not looking good for him tonight. >> reporter: beautiful weather out there today. warm numbers, are we going to continue with this warm fall

we've seen a lot of we certainly have seen a lot

clown sightings but some costume shops are not selling clown costumes out of fear that people might get hurt. one shop is not following that trend. >> these are the mouth-moving animals. they are cool because as your mouth moves, your mouth moves with you. >> reporter: animals, zombie, skeletons, there are plenty of halloween costumes to choose from, including count costumes. >> we sell clowns like crazy all year lon to see the costumes after reports of creepy clown sightings across the country. some shops have taken down the clown costumes all together out of fear that somebody could get hurt. clown costumes sell off of the shelves every year. >> every halloween they want to be scary clowns, good -- blood and gory but it is something we sell every halloween, not just this one.

friendly. >> this can be more loveable. why not paint it and make it look nicer? >> reporter: she hopes the creepy clown sightings doesn't ruin the fun for everyone. >> it is sad for those who have this as a profession so it is sad to hear that people are ruining it for them. >> reporter: whether you are wearing a scary or silly costume this halloween, be safe and have fun. california governor jerry brown's dog the well known to a lot of people. it goes to the state capitol and has 10,000 twitter followers. there is word that the pup is not doing to well. the dog's name is sutter. veterinarians removed masses from its liver. sutter is 13 years old.

he often promotes the governor's policies on his twitter account. still ahead, kristy siefkin is here with a live look at the

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. w 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. i'll end with that, thank you so much. dccc is responsible for the content of this advertising. kristy, turning out to be a

things are cooling off finally. it was warm today. >> reporter: it is nice tonight. if you can get outside and dine al fresco, i recommend that. winds are light at 7 miles an hour at sky harbor. we're going to continue with this pleasant fall weather pattern the next several days. it is not as cool as we would like it to be. we have a great forecast shaping up. one of the reasons why we live here are expected to move to the north of us. the storm track is so far north, we are not expecting to see any rain. we're going to see nice, warm temperatures that we're seeing across the valley. upper 80's in deer valley. low 90's for mesa. apache junction, we have cooled down to 86 degrees. goodyear, 91. wickenburg, 89 degrees. 89 for surprise as well. temperature wise today, we dame

norm, 97 this afternoon. typically, we're at 91. back in 1991, we hit the record of 102. some of the temperatures across the valley did approach 100 degrees earlier today. around the country, there are a few pockets of active weather, rain as well as snow moving into utah spilling into the wyoming and into north dakota. as we ocean, another tropical system for you. nicole is a hurricane category one. it is far, far away from the u.s. coastline but it is going to make its way towards bermuda. at this point, we don't know if it will make landfall or not but it is expected to be a category one or category two hurricane. see 79 in st. johns.

94 degrees for gila bend. 75 in payson and 79 for page. excuse me, those are temperatures for tomorrow, not the overnight lows. tonight, we will cool down to 67 and mostly clear skies. sunshine, warming back up into the 90's. the next several days we will be ho*efing in the low to mid 90's and a pleasant start to your wood. >> reporter: arizona sun devils banged up and beat will they be ready to play for the showdown for first place in

if you've been diagnosed with lung cancer, explore your treatment options with a team of specialists focused on the disease. we have all of the specialists involved in a seamless fashion so we can discuss cases. whether we talk about chemotherapies,

dous technologies that allow us to treat patients in a very accurate fashion. it's the essence of the lung cancer center. surround yourself with our team of experts at cancer treatment centers of america in phoenix. one of only six hospitals in the country to be recognized by the joint commission for lung cancer care. because treating cancer isn't one thing we do, it's the only thing we do. the treatment of lung cancer has evolved tremendously. it is truly a very unique model to help patients be treated well. the evolution of cancer care is here. learn more at cancercenter.com/phoenix appointments available now. 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.

programs that protect our community. paul penzone... a new sheriff who will put our safety first. (jude)midway thru the college >> reporter: midway through the college football season and it looks that way when it comes to inyourries. brady white out with a foot injury. a.s.u. facing their biggest road test of the season. you can look at it that way when you think of the showdown between colorado this saturday night. there is brady white. man, that is a real blow. it will be interesting to see what plays out at quarterback. cayden has not been the same weeks back against cal.

field. don't forget about kareem moore. it is the way the team plays physically. here is todd graham. >> rest, trying to manage the physical part of it. we're halfway done. we got six games left to see what you're going to do from there. so you have the normal -- they have the normal bumps and bruises but both guys are expected to play. >> reporter: baseball postseason, nationals win. dodgers need to win to stay alive. adrian gonzalez first inning goes deep by joe ross. two-run homer. two-run los angeles. great finishes. cleveland and toronto in the alcs. bases loaded and that scores turner and harper to tie the game at five. here is the turning point in this game. clayton kershaw was great.

is the difference. dodgers win, 6-5. they force a game five in that series so plenty of drama going on. the cubs and the giants, is this the year for the cubs? we'll have more results tonight. >> thanks for being with us. "tmz" is next. we're back here tonight at 9:00

announcer: today on "tmz" -- harvey: you would think that the jewel thieves who jacked kim kardashian were professionals. they were bumbling idiots, and they got their police uniforms from a halloween store. >> they were arguing with each other, they dropped something. they were wearing like a jansport backpack. >> oh, jansport, that is it! >> chance rapper. you see this guy come on stage and run from behind him. push him from behind. chance grabbed him. he runs in from like backstage.s he had. harvey: or it's a plan to make chance look hard. >> the guy walked up kind of slowly and put his hands slowly around him. harvey: see! >> it was like a martial arts demonstration, like hit me right here and come at me really slow. >> best photo of the month. ron white in his underwear