>> we will not settle this case. there will be no plea gar bargain. there will be nothing that is done except a trial. >> reporter: at issue, by law, an excavation pit deeper than five feet must have sides fortified to prevent cave is in. april 6th an inspector allegedly warned the defendant dance four workers were in imminent danger and ignored to pull them out of the pit that was 14 feet deep. when they finally did, he was crushed by thousands of found of dirt. >> he was running a safe work site you are saying. >> he was doing the best he could. >> reporter: in the past inspectors who spotted problems were required to report back to those in charm of the site. now an emergency number is linked to the department of buildings. >> why didn't we do it this way five years ago? honestly, we should have. we didn't. we have a tragedy and now they are going to do it the right way.

>> reporter: in lower manhattan, kemberly richardson, channel 7 eyewitness news. another case of gun violence in a movie theater, this time in tennessee. police in nashville shot and killed a man armed with a gun, a hatchet and paper per spray. police say the -- and pepper spray. police say the man came in with a surgical mask. a cop came in the theater and he started shooting. that officer left then the s.w.a.t. team came in and the man was killed. three people were exposed to pepper spray and one person was wounded with a hatchet. the bomb squad within the last hour blowing up the gunman's backpacks. confirmation that a piece of debris found last week is indeed a wing fragment from the missing malaysia flight 370. experts examining the debris making that determination. french authorities are being less definitive. it was found on reunion island. investigators believe more

debris from the triple 7 will be found in this area. it's not clear what caused the plane to crash nearly 17 months alleges. david muir will have more on the theater shooting and the malaysian plane at 6:30. new video of the dolphin in new jersey in old bridge swimming in a river. a fewer got this up-close look at the animal. shannon sohn is overhead looking for the dolphin in newscopter 7. shannon? >> reporter: we have been watching this the last half hour or so. he seems to surface about every minute and a half to two minutes. you can see the south river, this is old matawan road. you can see people on either side trying to get a look at this dolphin. if you look in this area, that is where you will see him surface and where he has been surfacing. we can show you video we shot from newscopter 7 a few moments ago of the dolphin surfacing. he just did it right now. what we are con during is what caused the dolphin to come so

far inland to the south river, nowhere near where the dolphin should be. he doesn't seem to be in stress, putting on a show for the folks in old bridge. reporting live over the south river, shannon sohn, channel 7 eyewitness news. >> get that dolphin back to the sea. a mess for thousands of folks in new jersey. a boil water advisory after a water main break. the unusual way it was broken by a crane very much part of the story. the water main ruptured in cliffside park but the boil water advisory is affecting the neighboring communities of englewood cliffs and fort lee. carolina leid at the scene with the latest. >> reporter: bill, first of all, good news here. they have a plan to get this crane out of here. the bad news, it will take another eight hours to get this crane out of here. again, so many people are affected by all of this. right now, they are working to get this out of here so that utility workers can get this and clean it up.

it will take another eight hours before the massive crane on anderson avenue can be moved safely. it caused a huge water main break that shut off water to homes and businesses. >> i see the water here. like tsunami, like this kind of water. i make a video, too. i am very scared. >> reporter: check out this cell phone video showing the water county leaders say the 600,000- pound crane was beginning to lift into the air when operators noticed water gushing below. leaders say why it was here is part of the investigation. they are focusing their energy on getting it out of here safely. >> we have to ensure that as we move the crane back, there is enough stability for that crane not to either sink in or cause additional damage to the utilities under the roadway.

>> reporter: city officials say the broken 24-inch pipeline spewed lots of water. workers at this nearby animal hospital say they lost thousands in equipment and supplies. >> we have the laundry machine, the drier, medication. it's all out. >> reporter: all the animals in the hospital were transported. they are okay. you can see utility workers. their plan is to try to lighten of here. if you look on the road, the utility company has laid temporary waterlines in the area so people who do not have service, 200 people in the area but, again, it could take another eight hours to get all of this cleaned up. reporting live in cliffside park, carolina leid, channel 7 eyewitness news. what a mess.

new information about the folks without power on long island after the destructive storms early tuesday morning. in the past half hour, pseg long island updating numbers to show it restored power to all but 7800 customers. we are learning of one teenager lucky to be alive after a tree fell in a home. meteorologist amy freeze tweeted out this photo earlier today. she is in port jefferson with the story. amy? >> reporter: quite a story. we are 36 hours later. there are wires down on california avenue. the crews have been working all day, about 12 hours here because there are poles that have problems with wires down. folks are calling this worse than superstorm sandy. for one family it is more than the power out. >> incredible. we had more damage today than we did during sandy. >> reporter: frank's home was pummeled with lightning and severe wind. >> it went through the living

room and put a big hole in the wall and damaged a window. >> reporter: the car was totaled when the 100-year-old trees lining the property were ripped apart. the worse was the close call with a branch that pierced the bedroom where the 15-year-old daughter was sleeping. >> she was smart to run out when she heard the window shatter. >> reporter: more than two dozen structures were severely damaged. the mayor had to call an emergency meeting. >> we were hit, large root balls, tree trunks the size of vehicles. twice the amount of sandy. we got hit hard here in port jeff. >> reporter: the power is still out here but they say it's manageable because they escaped without harm. >> everything else we can repair and move forward. no one was injured. that is good. we were lucky. >> reporter: 500 households here still without power in port jefferson.

some expecting to go online at 11:00. some as long as friday according to the mayor. meteorologist amy freeze, channel 7 eyewitness news. >> amy, thank you. the political soap opera between mayor de blasio and governor cuomo may be hurting one and helping the other. cuomo with an approval rating of 58%. disapproval 36%. mayor de blasio approval rating down to 44%, same as the disapproval rating. a huge racial divide about how workers view the mayor. among black mayors his approval rating 64. 24% disapproval. among white voters, 32% approve, 59% disapprove. troublesome for the mayor as he things about a second term, 55% say they are somewhat dissatisfied or very dissatisfied with the direction of new york city. as we continue with news, the new york cop sentenced

today for prison for his role in an attack and not stopping it. >> big fight on the brooklyn bridge. several drivers getting out of their cars and it started over potato chips. >> bill, dark skies in a couple of places. isolated showers. this is near bridgewater and

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the case of biker road rage that shocked new york city. tonight strong punishment for an off duty undercover new york cop that participated in the violence against a driver and his family on the west side highway two years ago. two years behind bars for that former cop convicted of assault and riot. here is eyewitness news reporter darla miles. >> reporter: a state supreme court judge says revenge pure and simple was on the mind of wojciech braszczok when he delivered two round house kicks to this s.u.v. while alexian lean and his family were inside. he did his part to terrorize them and damage property said the judge as he sentenced the 34-year-old to two years city jail time. the now former undercover nypd narcotics detective was convicted in june of assault, coercion and criminal mirs

chief back in september of 2013. after seeing mr. lean run over a man, the bikers coalesced into a gang. the maximum sentence seven years but the judge gave him credit for not participating in the assault and 13 years in the -- 13 years as a cop. the district attorney asking for 3 1/2 years saying it was not undiely harsh or lenient. braszczok's attorney wanted probation saying incarceration for a police officer, special undercover is dangerous. braszczok was placed in handcuffs after he was sentenced and court officers were prepared to custody today. his attorney was granted a stay of execution of sentencing so he can spend more time with his family before he reports to jail september 2nd. darla miles, channel 7 eyewitness news.

new at 6:00 another case of road rage rut on tape. this is over a can of pringle's. take a look from the brooklyn bridge. a cab driver and a couple in an s.u.v. bickering over a merge at first so the cab driver throws a can of pringle's at them. then the woman and cab driver get out and start fighting. a good samaritan comes over. instead of making peace, he joined the fight, punched the cabbie. by the time cobbs arrived everyone left. in the bronx, crews are making progress cleaning the cooling towers that lead to a legionnaires outbreak. the opera house hotel is one of five buildings that tested positive for legionella bacteria. chlorine is one of the ingredients they use. >> we put an alkaline detergent to clean for the debris and presence of bio film that

allows the pro-life very raise of the organize nation. >> legionnaires outbreak has killed 7 people. more than 80 confirmed cases. still to come on "eyewitness news at 6:00," the future is now. once reserved for marty mcfly, the hover board has arrived. we will show you how it works next. >> a beautiful day. meteorologist lee goldberg who likes to dive in the middle of things, talks about us being on

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carmaker lects excuse unveiling the latest transportation hover board. where is michael j fox. it levitates over water. we won't see it on land or water any time soon. it works with liquid nitrogen cooled conductors. it was built in spain and lined with magnets. very strong magnets.

>> i don't think they are playing huey lewis in the background. >> so, what is this about the fringe of this and that. you want to dive deep in the waters here. >> talk about the waters, it's the beach forecast over the weekend. i don't think it will be a wash out. i think we will have cloud issues. >> i would rather have sun issues. >> outside we go, we have cloud issues of our own. a few threatening clouds at time not producing too much. we are at 83. showers aren't too robust. 87 the high today. 84 the normal. newark reached 90 for the 9th straight day. there are the sunrise and sunset times. august at its best through tomorrow. storm will slide south of us on friday. it has impact and it's nicer north and west of new york city. the problem is the storm lurks offshore saturday into sunday

morning leaving us with coastal clouds and rough surf as well. 83 so who. 86 brighton beach. a shower near perth amboy. 86 belmar. look at northwest new jersey and catskills. low to mid-70s down to the 50s. 50s is where the dew points are. it is so pleasant. 82 the clouds now will break up. we are in good shape for yankees red sox. a few patchy clouds. mostly sunny to start the day tomorrow. then high clouds in the afternoon. so, the sprinkle didn't even reach the ground across manhattan. it's moving across queens and weakening on the north suer of nassau county -- north shore of nassau county. this will be noticeable through edison, perth amboy and sneaking on to staten island then weakening. not much going on outside of that as we have dry air in place. this is a weak disturbance with this part of the jet stream coming in.

we like this position because it's forcing the storm track off to the south. there is a little change in shape of this dip in the jet stream as we get into the weekend. it digs down to the west allowing the storm to come up the coast a little more. it will kick up the surf. we will have a band of rain in and out of the coast during the weekend. sun and cirrus tomorrow, 85. more high clouds in the afternoon. here is the storm to the south. rain as early as tomorrow night over parts of ocean county, maybe monmouth. during the day friday, sunnier north and west. cloudy at the coast with a couple of showers. no washout. watch the futurecast. a second piece on saturday. we are in the cloud cover. there is some indications this rain is closer. i made the forecast cloudier on the coast and kept the rain a way for now. the accuweather forecast, a few clouds, comfortable tonight. 50s in the coolest spots. tomorrow 85. tomorrow night rain could develop over central and southern new jersey.

high clouds friday. sunnier north and west. lower 80s saturday. sunday afternoon would be the best time. storms clear out and so would the beaches. important update at 11:00 to help you with your weekend plans. >> plans could possibly change. rob powers is up next. >> we have baseball plans tonight. harvey day for the mets. they go for six in a row at miami. yankees are at home against the red sox with a new pitcher on

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there's no risk, no contract, no catch, no kidding. i switched to time warner cable and knew exactly when they were coming. thanks to their one hour appointment window. switch to time warner cable today. and now, for a limited time, you could get a $300 reward card. call today. pitching wins games and that's what the yankees are trying to do. >> wonder if there will be

nerves on the mound. they throw lewis siff very rhino against the red sox. youngest pitcher to start in the bigs this year. 9-2 between double pl a and aaa. it worked for the mets. now it's the yankees turn. secondly, remember the yanks did not get a big arm at the trading deadline last week. so, they bring up sevarino instead. the average player in the international league. now he is taking a start against our rival the boston red sox. it's cool. >> give us everything you got for as long as you can and we will take it. >> that's all. mets and yankees bring up a talented young pitcher. the mets offense getting explosive. they go for another win tonight trying to win six straight. last night the big offense

didn't come from the mets big boppers. eric campbell drove in the run that broke a tie with miami. then a two-run triple. mets won 5-1. five straight wins, eight wins in the last ten games and in first place by a full game. the giants play the first nfl preseason game in nine short days. the regular season opener 30 days after that. a lot of eyes on the giant defense. questions surrounding jason pierre paul. what about linebacker john beeson. because of injuries, he hasn't played a full season since 2010. he played four games for the giants last year. >> i can do a lot. when healthy we are a better term, a better defense. but the pressure of that, it pushes me, drives me to do more. >> the jets continue their work.

the seasonon us. geno smith taking snaps. visitors impressed with this year's geno smith. he seems to be mark making the right -- making the right moves. >> i'm not feeling as rushed, more comfortable in the pocket. i feel like i know the timing of when things should develop and to get the ball out of my hands and if it's not there, taking care of the football is first things first. >> tom brady and roger goodell will appear before a federal judge next week. the judge is urging the two sides in this deflategate to settle. the nfl players association released a 457 page transcript of brady testimony where he denied tampering with or telling anybody else to tamper with footballs in the afc game. rex ryan making an impression in upstate new york. maybe it's the wrong word. the stocky family farm with a rex corn maze in their field. ryan thought it was a joke

until he drove to the farm a couple of days ago to see it for himself. it's real all right. finally from us, playing games with yankee manager joe girardi. he unveiled a reality baseball game called portal ball, augmented baseball. he says he will give his proceeds to his charity, catch 25. >> i think it's important that as people we give people hope. without hope i don't think there is anything. there are people that fall on hard times and families that fall on hard times that we try to give back to. >> a busy, busy day. >> thank you, rob. let's check in with sade for what is coming up tonight at 11:00. >> a run for cover. a car crashes through the front of a store and keeps ongoing. how did this happen? plus, could spicy foods save your life? we will have those stories and more on "eyewitness news at 11:00". >> thank you. that's it for us for now. thanks for watching. i'm bill ritter.