troopers with the nevada highway patrol say the driver of a semi- truck is not at fault for hitting and killing a man running across the freeway... but now the question is: what happens next for that driver? fox5's adam herbets found out, even though he didn't do anything wrong... this could still damage his career. yeah john/ cyndi the nevada highway patrol told me today -- even if this guy was driving car he probably wouldn't have been able to stop in time... but -- because he's a truck driver -- it will be on record... and some companies might hold this against him. this is the truck he was driving -- he works for las vegas paving corporation. and obviously -- it's already bad enough that he's probably dealing with all kinds of emotions in a situation like this. nobody wants to hit someone on the freeway... even if does turn out to be a suspect who was running away from the police. but -- the people we spoke to today said -- trucking companies do have the ability to look at your accident history when they hire you... and some won't hire anybody who has a crash on their record. that's because it doesn't say -- anywhere on his

was an unpreventable crash. that being said... our expert says... most trucking companies will give employees a chance to explain what happened... and if they're in the clear, like this man, it shouldn't affect them. "it is unfair. it's a dramatic thing. drivers are people just like us. they've got families. they've got emotions and feelings and when something like that happens it can have a long-term effect. as of right now -- the driver was probably asked to take a drug test... but that's just a requirement required by the state. some people we talked to said they know the driver, and that he's one of the safest ones out there. we do have his name, but we've decided not to publish it for the family's privacy. we also now have the name of the man who was killed -- his name is lewis william borland. he was 34 years old... and running from the police so he wouldn't be arrested for attempted murder. coming up at 6 -- we'll have more on the recovery process for this

the man who opened fire inside a starbucks could face the death penalty... police say pedro garcia shot and killed a customer after his card was declined in the coffee shop's drive-thru. fox5's eric hilt is live outside the jail after talking with prosecutors - and eric they're actually considering the death penalty in this case right? prosecutors told into the death penalty because of how brazen this murder was... it happened in a busy coffee shop in the middle the of the day. witnesses told fox5 that after garcia's card was declined in the starbucks drive thru, he went inside the store, fired two shots in the air and then shot and killed a customer. today clark county district attorney steve wolfson told me another reason why he's considering the death penalty is garcia's criminal record.

battery and burglary in the past. wolfson says applying for the death penalty makes a case more difficult and costly. "certainly when you file the death penalty it raises the bar for everything. the death penalty costs more money to our tax payers, since defense lawyers spend more time investigating the case and preparing the case, there's a lot more at stake as you're considering asking the jury to sentence somebody to death" wolfson told me he'll have a decision on if he'll apply for the death penalty in four to six weeks... in five weeks garcia is scheduled to appear in court where the prosecution will lay out all of their evidence. the arrest report didn't make the motive in the shooting clear. it did reference the declined card for a bottle of water, which garcia began drinking before the failed transaction was

at 92 on saturday with 88 on sunday. we'll also see the wind increase on saturday with little girl who did not get medical help right away after breaking her elbow at school continues to be one of the most hotly debated topics on fox5's facebook page. we are still looking for answers into what happened at coral academy when "lleylan" broke her elbow. lleylan's mother says the girl was sent back to class, and suffered for hours with her injury. fox5 has called the school repeatedly to find out if a nurse was on staff that day. coral academy says it will not comment on this issue. two people have been added to the

who will have a say in bringing an n-f-l grade stadium to las vegas. they will fill two vacant seats going into the upcoming special session... to consider a plan to fund the stadium. fox5's abby theodros talked with the governor today about the latest developments in the stadium proposal she has more we dont have an official date for the special session but the governor says he's confident with the proposal that'll go before law makers next month. an oversight committee sent the proposal to the governor back in september. th cost $1.9 billion dollars. 650 million would come from adelson, the raiders would pay $500 million and 750 million from a hotel room tax. we talked with governor sandoval about the impacts of a hotel room tax increase...take a listen gov brian sandoval: gov sandoval:the money thats invested through the room tax will flow through the stadium and create sales tax and modified biz tax which will in turn

will benefit education. just this morning- two new law makers joined the ranks of legislators tasked with considering funding for an nlf stadium. thats former democratic assemblywoman stephanie smith for district one and republican businessman kyle stephens is representing susan brager's district five. particularly when that special session will be scheduled. governor sandoval says hopefully sometime between october 8 and the 13th. go sandoval and other dignitaries were in town today for the opening of "ainsworth north american headquarters." this is the fifth largest gaming manufacturer in the u-s. the new facility

dollars and it is among one of the largest manufacturing spaces here in nevada in recent years. it will employ neary 200 people and still has room to grow. governor brian sandoval made a very exciting announcement about our economy via twitter this afternoon. he posted "pleased to announce nevada has officially gained back all of the jobs lost during the recession. we should all take pride in this exciting news." sandoval say it took true grit and sacrifice to mae this happen. he prais their hard work, and says our state is more resilient now. new jobs and new promotions... the opening day deals available at the valley's first curacao... and what the store is about... if you've never been. and why police are looking for the man seen walking through this parking lot. and an unbelievable four alarm fire in san francisco. the extent of the damage done to a berkeley church. you're watching fox5 news at 4.

. district attorney steve wolfson: as district attorney, i've prosecuted a lot of violent people. our background check laws have stopped over 5,000 dangerous criminals from buying guns here in nevada. but a loophole makes it easy for those same dangerous people to buy guns. they get them at gun shows and online from perfect strangers with no background checks, no questions asked.

firefighters worked hard to put out a raging... four alarm fire in berkeley california-- this afternoon. the flames were trapped inside the attic space of a three story church-- near "the university of california" campus. the building experienced a partial roof collapse and a fallen chimney-- that is according

fire chief. no injuries were reported and the cause of the fire is under investigation. a woman screaming... deterred a thief from taking off with her purse. you can see what happened on this surveillance footage. metro police say this happened in a parking lot near nellis and bonanza. the man approaches the woman as she's opening her car door. she said he pointed a small silver revolver at her and demanded her purse. a passerby heard the woman scream and yelled out to the suspect... who then begins to walk away empty- handed. robbery detectives believe this man may be connected to other crimes. anyone who knows who this suspect is can leave an anonymous tip by calling crime stoppers at 702- 385-55-55. retailers are gearing up for the holiday season and are looking to recruit some new workers. job seekers can stop by any old navy tomorrow... between ten a-m and two p-m. they will be interviewing people and hiring on the spot! make sure you come dressed to impress and bring copies of your resume. old navy has six

locations in town. one store in henderson is hoping to hire between 30 and 40 people. the grand opening of... curacao's ( )... is set to open its first retail store in the valley...with an all day event tomorrow at meadows mall. doors open at 9 a-m with free food and drinks. there will be prize drawings for a new car...75- inch smart tv and a samsung refrigerator. the first 101 shoppers will be able to buy a "sunbeam microwave" for 12 dollars. this family festive event will have circus acts for the little ones. mario lopez will also be making a special guest appearance at 6 p-m to headline all the entertainment. now fox5 weather 24/7, with chief meterologist ted pretty weekend heat for us at 92 on saturday with 88 on sunday. we'll also see the wind increase on saturday with southwest gusts to

mph on sunday. the strongest wind is expected on monday with gusts to 40 mph. highs drop to 74 degrees on monday afternoon, then 79 tuesday as the wind decreases. highs stay around 80 on wednesday, then 83 on thursday.

some of the top chefs in las vegas are whipping up entrees.. to help our valley's babies. the "march of dimes" signature chef's event" is friday, october 7th.. this "take 5 to

at green valley ranch.. at 6-30 p-m. tickets are 250- dollars. the southern highlands fall festival is also coming up.. this is another "take 5 to care" event. it's happening at the goett family park.. on october 22-nd from 11 a-m to 3 p-m. there will be a costume contest and trick or treating.. and admission is free. it is definitely freaky friday tonight at the fright dome! we'll take a tour of what this year's mega-haunted house has to offer... and what it takes to scare people each night. and something a little less scary but just as fun... star wars toys! we'll check out what star wars fans were more than willing to line up for. you're watching

mperament. i'd like to punch him in the face, i'll tell you. i would bomb the [bleep] out of 'em. i could stand in the middle of 5th avenue and shoot somebody and i wouldn't lose any voters, okay? and you can tell them to go [bleep] themselves. get him out of here! get him out of here! get the hell out of here! priorities usa action is responsible for the content of this advertising. don't believe... don't believe...

catherine cortez masto has always served with integrity. as a federal prosecutor and attorney general... she made sex trafficking a felony crime. she worked with the bush and obama administrations to combat terrorism. as attorney general, she helped reduce crime. that's why she's endorsed by law enforcement across nevada. catherine cortez masto. catherine cortez masto. i trust her to keep us safe. i'm catherine cortez masto, and i approve this message. i'm catherine cortez masto, horner: i was proud to stand for our country. and donald trump insulting seniors and veterans. hardy wants to raise the retirement age and said seniors who rely on programs like social security are a draw on government and the disabled are a drain on society. and then there's donald trump. they're just not for us. dccc is responsible for the content of this advertising.

[cell phone vibrating] when the billionaire koch brothers call, congressman joe heck has been answering. voting with the koch brothers' agenda 85% of the time. to big oil companies and the super rich, but ending medicare as we know it and forcing cuts to social security. taking care of the koch brothers may be a good call for joe heck, but it doesn't work for nevada's working families. senate majority pac is responsible

the fright dome at circus circus is back-- and this year it's even at circus circus is back-- and this year it's even creepier than ever. "move these bodies out of the way" clowns laughing there are six new haunted houses

guaranteed to make your skin crawl. those include the new "five nights at freddy's"-- based off the popular video game... and a "krampus" themed one-- based off the christmas devil. "a lot of work. a lot of technicians. over 300 actors each night. i mean, it's a big deal. it's a big show to run. we run on a ton of... it's approximately 500 people just to run it each night between security operations, management, actors, guides, strolling entertainers, i mean its a big ordeal. and of the biggest halloween shows in the world." the fright dome's grand opening is tonight! general admission starts at 36 dollars. there are also fast pass and special tour tickets available. you can expect to see a lot of choppers in the downtown area this weekend. "bike fest" is in town! this year... there are over 200 vendors and 30 bands performing. you can also find high action activities like a stunt show... "biker bingo"... and a "globe of death"

also have chances to win cash prizes and shopping sprees... they're even giving away a brand new motorcycle! you can still buy tickets for bike fest online. it lasts thorugh sunday. the first toys from "rogue one... a star wars story" are now on toy store shelves. some star wars fans proved their loyalty, by waiting hours outside toys-r-us, to be loyalty, by waiting hours outside toys-r-us, to be the first to get their hands on them! "we have been waiting here for four hours, the hype has always been here, we are lit, shoutout to my boy kylo ren, honestly star wars has had an amazing impact on me, i want to be a jedi. " and it was worth the wait for some

showed up at the toy store at the midnight opening had a chance to win star wars gifts. as you can see, it was fans of all ages looking for the toys. some even showed up in costume! there are a lot of unanswered questions in a new jersey train "it's going take some time before we know the facts." " what investigators say is a major problem on trains like this, and how it might have contributed to the crash. it's a twitter war between donald trump and hillary clinton... again. how trump is continuing to go after a beauty queen. and hear the backstory behind the woman who will help angelina jolie through her divorce from brad pitt.

live from las vegas. with emmy award winner john huck. cyndi lundeberg. with chief meteoroligist ted pretty. this is fox5 news at 4. local las vegas. investigators say they are close to finding out why a train crashed into a new jersey station. fox news correspondent rick leventhal shows us what has been uncovered so far, and has details on the victims. federal officials making progress in their investigation

crash. crews removing the recorder from the train's rear locomotive containing data on speed and braking... but investigators struggling to recover a second device from the wreckage because the front car is still buried in debris. zimmer says: "..it's going take some time before we know the facts." the train barreling through a concrete and steel barrier, taking out pillars and part of the station's roof thursday morning. more than 1- hundred people suffering injuries in the rush hour crash... including engineer thomas gallagher who investigators plan to interview friday. 34-year-old fabiola bittar de kroon was the lone fatality, killed by flying debris while standing on the station platform. she recently moved here from brazil... and had just dropped her daughter off at daycare. sharp says: "..she loved her daughter, she always had a smile on her face, she wanted to do everything she can for her daughter. just a wonderful person." the crash bringing renewed attention to an automatic breaking system called "positive train control." the n-t-s-b supports its installation, which the government has required, but regulators have pushed back the

railroads now have until the end of 20- 18 to install the system. dinh-zarr says: "..we have studied hundreds of train crashes in the past and in many of those cases positive train control the lack of it was a factor and could have prevented it. again, every train crash is different so we'll see about this one." the n-t-s-b expects to be on scene for seven to ten days. a full report on the crash could take a year. the south carolina teen who shot two children and a teacher at an elementary charged as a juvenile. investigators say he also killed his father before attacking the school. police say the suspect is just 14-years old. he is facing murder and three counts of attempted murder. his mother was at today's proceedings. one of the children he shot is on life support. the tulsa police officer who shot and killed 40- year-old terence crutcher went to court today in oklahoma. officer betty shelby pleaded not guilty to a charge of first- degree manslaughter. shelby came

abandoned s-u-v in the middle of the road and confronted the 40-year-old. she claims that he reached inside his vehicle when she shot and killed him. the district attorney's investigator says shelby overreacted. she is expected to be back in court on november 29th. donald trump is back at it again with a twitter battle between hillary clinton. the subject: former miss universe alicia machado. clinton brought up the former beauty queen on monday's debate saying trump called machado "miss piggy" and "miss housekeeping." early this morning, trump said on twitter..."hillary floated her as an angel without checking her past." in another tweet, trump said..."hillary helped disgusting alicia-m" and accused machado of having a sex tape. according to new york times... there is no evidence that tape exists. clinton wasted no time to respond back saying..."what kind of man stays up all night to smear a woman." in another tweet, clinton said machado deserves praise for standing up to trumps attacks, after blaming her and saying he "helped."

trump having machado workout in front of reporters in order to lose weight and saying he helped her keep the beauty title. angelina jolie and brad pitt may be over but their drama is far from being done. judy smith has just been hired by angelina jolie to help navigate her split from her husband. she is the c-e-o of a crisis management firm... smith and company. little do people know, the t-v character olivia pope from scandal is based off of smith. and just like the show...t that she owns is known for being beyond descreet when it comes to their clients and helping them get out of tough situations. smith has helped many a-list celebrities. she was also the special assistant and deputy press secretary to president george h-w bush. buying clothes can be frustrating enough. one little kid is sick and tired of what is available to girls, and goes on a major vent. "hey! what is that even supposed to mean i don't find that inspiring see how a

after seeing this post. it's a blast from the past... see the new teddy ruxpin... and why not everyone finds him cute. you're watching fox5 news at 4. local. las vegas .

district attorney steve wolfson: as district attorney, i've prosiolent people. our background check laws have stopped over 5,000 dangerous criminals from buying guns here in nevada. but a loophole makes it easy for those same dangerous people to buy guns. they let's make it harder for criminals, safer for us.

politics should never come before basic health care, but that's the choice joe heck keeps making. women like me rely on planned parenthood for checkups and cancer screenings, but congressman joe heck voted ten times to take away their funding. heck even threatened to shut down the federal government to eliminate funding for planned parenthood.

just to score political points. joe heck should be ashamed. women vote is responsible just to score political points.

reasons parents would rather leave the kids at home when going out to eat is because they are too indecisive about ordering a meal. one menu captures that frustration perfectly. check out what the "deli at mansion park" in pennsylvania has to offer kids: they can choose from the "i don't know" hot dog... the "i don't care" chicken tenders, and the "i'm not hungry" grilled cheese. and for the particularly picky kid... the "i don't want that" fish stix is available too. all of these come with the one food kids will most li fries. an eight-year-old girl is taking on british supermarket "tesco" for its children's clothes. daisy is less than impressed with what is offered to girls. "the girls clothes say 'hey!' 'beautiful' 'i feel fabulous.' the boy's clothes say "adventure awaits, 'think outside the box' 'hero'. what do you think about that? everyone think girls should just be pretty, and boys

what do you think about that? i think it is wrong. why should boys and girls clothes even be separated? we're just as good as eachother! " daisy's frustration with shopping for clothes has now been shared thousands of times on facebook. she eventually moved some of the boy's inpirational shirts over to the girl's display! tesco officals saw this video, and says new styles for girls will soon be in its stores. one of the first animatronic toys is back... and updated for 2016. we're talking about "teddy ruxpin!" check out the new and improved version of the popular talking teddy bear. one thing for sure... you won't be able to stop staring in his l-c-d eyes. he can tell you

interact with kids. children can read along through the teddy ruxpin app. by the way, the original teddy ruxpins sell for thousands of dollars on e-bay if they are in great condition. a lot of people on our fox5 facebook page think the new teddy ruxpin is kind of creepy... and others are of equally unerving toys. check out vanessa's picture of a "brian brain"! she says this toy often goes off when the closet is open. other people mentioned life- sized barbies as being on the creepy side from creepy bears to creepy clowns!

sightings... and it isn't even october yet. hear what one clown used to threaten a teenage boy. your fox5 weather 24/7 forecast is coming up next i'm hillary clinton and i approve this message. i'd look her right in that fat ugly face of hers. she's a slob. she ate like a pig.

no. does she have a fat [expletive]? absolutely. do you treat women with respect? i can't say that either. in order to get things done. but in washington, too often joe heck has been part of the problem, putting his party and special interests before nevada. i'm proud of my work with the bush and obama administrations on homeland security. and every bill i sponsored

was passed by democrats and republicans. i'm catherine cortez masto. i approve this message because i'll work with anyone

what's coming up on fox five news at five. the runnin' rebels are back on the court today. fox five sports director kevin bolinger was with the team today and gives us a preview of the season ahead.

more than a dozen properties are making an energy switch this weekend. what it means for n-v energy customers and hotel guests. plus... the latest from the campaign trail in the battleground state. the senators that are making their way to las vegas in the coming week to rally for hillary clinton. we have been getting a lot of complaints in our newsroom about clowns reaching out to kids online. according to chapparal kids, someone named "garbo the clown" has sent friend requests to students, and told them he was coming for them. we have similar stories from green valley and las vegas high school kids school police say they are investigating, but so far, these cases appear to be bad jokes. creepy clowns are making appearances all over the country. and it becomes a problem, when they physically threaten people. vannessa murdock shows what happened, after a sword- welding clown started chasing a new jersey teen! (tyler carpenter) "i looked behind me to check if there was anybody coming or not." tyler carpenter says he was walking home in phillipsburg new jersey monday night through this alleyway when he

dressed in green and yellow wearing a white mask. (tyler carpenter) "he had a sword." says it looked like this one a katana - he was holding it up. (tyler carpenter) "like this running." carpenter heard the clown say "i'm gonna get cha". his first and only thought. (tyler carpenter) "just run like crazy to the nearest house." (tyler's mother, crystal carpenter) "he was so out of breath by the time he walked into the house - he said 'i was scared'." tyler's mother - crystal carpenter says she's never seen her son so scared. (alex rodriguez, neighbor) "i hate clowns. if he wants to chase people we can chase ." rodriguez told us he went out looking for the man behind the frightening face last night... (alex rodriguez, neighbor) "i just really drove around in a big circle." apparently there've been other encounters with someone flaunting a big red nose and oversized shoes in phillipsburg. (vanessa murdock) "on sunday night here in walter's park, three clowns reportedly came out of the woods and chased after a child." then, just last night someone caught a clown on camera hanging out in a hearse at wawa. (pleasant maynard phillipsburg resident) "i don't really know what this is about? clowns. why clowns? clowns are supposed to be happy. it's scary and

on." we made several attempts to reach out to the phillipsburg police department to find out if anything is being done to track down the clown or clowns creeping around town, but haven't heard back. we do know, this normally quiet town isn't the only haunt for people posing as bozo. reports started in august out of south carolina of clowns running in the woods and attempting to lure kids in with candy... (tyler's mother, crystal carpenter) "now look at it, it's become an epidemic. weekend heat for us at 92 on saturday with 88 on sunday. we'll also see the wind increase on saturday with southwest gusts to 25 mph, then to 35 mph on sunday. the strongest wind is expected on monday with gusts to 40 mph. highs drop to 74 degrees on monday afternoon, then 79 tuesday as

80 on wednesday, then 83 on thursday. weekend heat for us at 92 on saturday with 88 on sunday. we'll also see the wind increase on saturday with southwest gusts to 25 mph, then to 35 mph on sunday. the strongest wind is expected on monday with gusts to 40 mph. highs drop to 74 degrees on monday afternoon, then 79 tuesday as the wind decreases.

then 83 on thursday. closed captioning will resume shortly thursday. closed captioning

las vegas headliner britney spears may have found her prince. but he didn't leave behind a shoe, or his name.

effort across the pond... to find the pop star's mystery man. you're watching fox5 news at 4. local. las vegas . [cell phone vibrating] when the billionaire koch brothers call, congressman joe heck has been answering. voting with the koch brothers' agenda 85% of the time. to big oil companies and the super rich, but ending medicare as we know it and forcing cuts to social security. taking care of the koch brothers may be a good call for joe heck, but it doesn't work for nevada's working families. senate majority pac is responsible

there's the nevada way. work hard. rules. pay your taxes. and then there's the danny tarkanian way. penalized for failing to pay thousands in property taxes. ordered by a judge to repay $17 million in a failed development scheme. worse, tarkanian refused to pay it back, sticking taxpayers with the bill. the danny tarkanian way?

britney spears apparently has a little crush... on a mysterious british biker. she posted about the unknown rider on her instagram page... and narrated it with a british accent. "my crush in london, he's very hot, very hot! " fans aren't willing to let

opportunity for love. the hashtag "find britney's bike boy" is trending... and a london radio station is on the case. so far they mystery biker is still aloof... but maybe he'll make another appearance once he realizes who is looking for him! thanks for joining us.. fox5 news at 5

we all know you have to work together in order to get things done. but in washington, too often joe heck has been part of the problem, putting his party and special interests before nevada. i'm proud of my work with the bush and obama administrations on homeland security. and every bill i sponsored as attorney general was passed by democrats and republicans. i'm catherine cortez masto. i approve this message because i'll work with anyone

live from las vegas, its time for fox5 news at 5. dramatic video of the doorknock that left an officer shot. we'll show you the moment that led to the suspect's death. is this man the worst of the worst? will the man arrested for shooting and killing a man in starbucks... receive a designation saved

and a new development in efforts to call a special session in our state.. over a proposed stadium... to bring the raiders... to las vegas. this is fox5 news at 5. local. las vegas it's not often we see body camera footage this soon after an officer involved shooting... but bullhead city police are wasting no time after a suspect fired a gun, injuring an officer in kingman. i'm cyndi lundeberg. i'm john huck. the video is graphic. it shows the suspect holding the weapon at the door... then raising it at officers and firing. we have edited out officer's returning fire, killing him... but we do want to warn you... this exchange may be disturbing to some. "officers confront suspect, shoot him "

bullhead city police, the officers were searching "jeffrey clair cave's" home for a stolen firearm. as you can see, he answered the door with a gun, but police say it was not the one they were looking for. investigators say the injured officer is 57- year-old detective dennis gilbert. police say officer gilbert is in serious condition, but he is doing well. another officer had a bullet pas through his clothing, but he was not hurt. the death penalty could be on the table for the man accused of shooting and killing a customer inside starbucks... after his card was declined in the drive thru. fox5's eric hilt is live outside the jail after talking with prosecutors - and eric they're weighing whether or not that punishment might fit in this case... prosecutors told me they're looking into the death penalty because of how brazen this murder was...