carey gabay, his friends and family. someone started shooting just before 4:00 a.m. >> we all got up. everybody was okay. i walked around and saw carey laying on the floor. i started to cry. his brother was there and lost it. >> police say the 43-year-old got caught in the cross fire of two rival gangs on bedford avenue in sullivan street in crown heights. even though they all ducked and ran for cover gabay still was shot in the head. >> he was down. they shot when he was down >> he works for the governor's office at first governor council and is well respected. new york attorney general eric sniderman said my thoughts and prayers are with carey and his family.

>> the nyc council extends the gun violence most end. >> he's breathing, not on his own by with a respirator. they gave him a blood transfusion. everybody needs to pray because he can pull out of it. >> reporter: he has a young wife who is pregnant. all of them are by his side praying for him at the hospital. in terms of the investigation, the nypd is not certain of the number of they have not identified anybody but if you know anything about this please call crime stoppers at darla miles, channel 7, eyewitness news. speaking of the nypd, new at 6:00, the number of misconduct complaints against new york cops using excessive force are up this year. many more of them

are being found true. 6 % were true. that's the most since 1999. it includes 12 choke hold cases. cell phone video backs up the complaints. the labor day holiday marks the unofficial end of summer and the weather couldn't be more perfect. tens of thousands hit the beach to soak up the last of the summer sun. this is live pictures right now. we can't give up on summer yet. a heat we've could be coming our way. the good news, the swimming has been extended. we have two reports tonight. first jeff smith in for meteorologist lee goldberg. >> reporter: today was heat -- day one of the heat wave. the heat will

tomorrow. got into the low 90s now we've falling back to 8 of courtesy of a breeze off the ocean. still 93 degrees at newark, 92 at pikips xrshgs pikipsy. now, something that we have noticed the first hour or two, the humidity has come up into the uncomfortable category and it will get oppressive headed to tomorrow and lows in the city. a lot of 60s in look how hot it's going to be tomorrow. city. we're talking record tieing or record breaking heat. back to you. >> we certainly need the rain. thank you. san dra bookman is out in this amazing weather with more

on new york city's extended beach hours. she's in coney island. >> reporter: great news. who among us is not wishing the summer would never end? the city is doing its part to make some of those wishes come true. >> i'm happy. >> just the kind of enthusiastic response you would expect after telling a sun worshippers that summer will last longer on new york city beaches. >> i'm all for extending it as long as you can. >> extra money in the budget means the city and can pay lifeguards and staff open for traditionally labor day would have been the final swimming day. >> i'm all for it. >> are you doing to be out >> definitely. awesome. people cot out and get and enjoy the sun >> that manes you still have to go to school? >> of course. >> the beaches both

coney island and bright ton brighton, rockaway bach, midland and south beach in staten island and orchard beach in the bronx. it's exactly the tonic for the end of summer blues. >> i was just telling my husband it's a shame it has to stop today. >> you get six extra days. >> wrund. that's -- wonderful. that's great. i'm going to enjoy. >> reporter: back now live at coney island, this board walk is more packed than when we got here a few hours ago. everybody is trying to get the last little bit of summer in of course if you want more information on the exact beaches that are going to have those extended hours go to it will have more information about which section wills have sandra bookman,

channel 7, eyewitness news. we're following developing news out of brooklyn. more violence at the west indian day parade. this time a man seriously hurt after he was stabbed. cops say the 33-year-old stabbed in the stomach. it happened in crown heights. police are still searching for suspects. no arrests and no clear motive. despite the violence today more than a million people attended this year's west indian day parade in brooklyn. >> [ music ] >> a massive celebration. the culture stretched from eastern parkway to the avenue and crown heights to grand army plaza in prospect park. people there for the floats, music around all of the costume dancers. sdls -- >> we have a good time and buy stuff. the food is delicious. people are having a good time. we just come here to party for peace. >> [cheers]

>> mayor de blasio and his wife who is of caribbean decent drew cheer from the crowd today. a deadly hit and run in long island and now cops are looking pedestrian. the scene. >> reporter: this is where investigators tell us this hit and run happened. they say the driver came through, hit this 30-year-old man and then kept on driving. >> investigators canvassed the area where 30-year-old elvis ponce was hit and killed and fled the scene. >> i walked outside and saw the police. >> county investigators are

trying to figure out who is responsible. the driver was traveling east of brook avenue when something happened. >> freddy said his brother was kill in a hit and run 2 years ago and the driver never caught. he said this tragedy in his neighborhood brings back painful mem reunion -- painful memmem reunion islands. >> -- painful memories. >> i thought that could have been me. >> investigators believe the driver took off in a dark colored four door sedan with possible front end damage. while none of the homes or buildings have surveillance video cameras the ones they had were not working. >> my camera were usually down but they didn't work. now that something happened they don't want to work. that's sad. >> reporter: take a look at this street. it's just a little

ways away from where this hit and run happened that investigators told us earlier today this driver should have had an understanding of what happened very quickly. live channel 7, eyewitness news. pope francis is expected to announce new marriage annulment procedures for they say the current system is cumbersome, costly and unfair. it's expected he will address those issues. without an annulment catholics who remarry are considered living in sin. renovations at the cathedral will be ready for the pope's visit. the stained glass windows were cleaned and the

restore. the scaffolding will soon will removed. >> eyewitness news is your source for the upcoming papal visit on the air and online. if you need information about the tickets and more it's on our website, 7online.com/pope. >> nothing like a pope visiting to get a 3-year construction project done. coming up the war of words when mayor de blasio and former mayor giuliani. >> injured jets quarterback

gino smith is back on the field in brooklyn in 1907, four courageous ladies saw the despair of the poor, old, and sick

and founded what would become mjhs. today mjhs provides quality home care, rehabilitation and skilled nursing, and advanced hospice and palliative care for adults and children, but the values of the brooklyn ladies still guide us. mjhs. caring every minute, every day. ava and i needed a little vacay. but we needed to watch our spending. meaning i needed to watch nikki. she's the spender. i'm the saver. so, mobile banking from td bank helps me keep track... for both of us. she was just browsing... we gotta go. i'm nikki. and we bank human at td bank. what?

new at 6:00, mayor de blasio opening fire verbally on former mayor giuliani's blast. he said homelessness has sparked under de blasio. here's dave evans. >> the mayor blasted back at critics how and he's handled the growing homeless crisis. over the weekend former mayor rudy giuliani blamed de blasio saying a city that lets people sleep in the street is a city that doesn't care.

>> i think he's delusional. if you think about what giuliani up about 40% on his watch. >> in the last few weeks the city has taken a two-pronged approach getting homeless people more help, more housing, making shelters safer. at the same time police and sanitation can tackled up to 80 homeless camps across the city. literally bulldozing them. >> all those camps will be gone this month. at the same time ensuring people who are are steered towards services to help them no longer be homeless. >> police constantly patrol a homeless problem here. it's become a popular hang out. giuliani wrote, that's because of de blasio's old application of guilt. >> the mayor admits fixing the homeless problem has not been easy.

the mayor said today 21 homeless camps have been cleaned up and that city hall will offer a for compassionate response. dave evan, channel 7, eyewitness news. when we continue, school back in session this week just

in time for the heat

w a big surprise for a county. nestor felix started a program to help mentor students. earlier this year he got a glass room make over. they got a brand new basketball court. >> unbelievable. our children are so excite d. i'm thrilled beyond words. thank you so much. >> the court which was a collaboration with the non-profit carter's kids was installed in just 4 hours. >> wow. >> it was done

on good stuff there. when the kids go back to school this week it will be on the last day of the heat wave, >> wednesday back to school for new york city and the last day it will feel the worse i think on wednesday because the humidity will be so high by then. tomorrow temperatures probably kick up. the calendar. labor day ended up being the most comfortable we look towards central park right now. the temperature 86 degrees. humidity still not that bad but it's coming up. 49%. that wind south around 3 miles per hour. officially 92 for your high in the park. it did got up to 94 and that broke a record at newark today. also got up to 90 at la guardia. that tied a record. 78 is you're normal high for september the 7th. we're a full 10 to 15 degrees above normal. 101 the record in 1981. sunsetting at 7:19. the heat wave through wrenz wednesday but

tomorrow the heatest day. humidity will be increasing through the week. it will be highest on wednesday and thursday. as temperatures go down humidity goes up. it will feel the same. a potent front on thursday that could be bring locally heavy rainfall. a lot of areas are in a moderate drought. right now 91 at morris town. closer to the shoreline getting natural air-conditioning from the ocean. that's caused temperatures to fall into the upper 70s over long island. pretty comfortable there. on the backside of the area of high pressure we have a broad south western flow acting as a heat and humidity pump over the eerp part of the country. with that front some downpours. the beach and boating forecast for tomorrow, waves at 2 to 3 feet, water temperatures low to mid 70s. watch out for the rip

currents, the risk is moderate. record heat tomorrow, 93. that was last tied back in 1919. hot and humid again on wednesday. there could be a shower or storm north and west of the city during wednesday afternoon. accuweather forecast for tonight, clear and warm, 73 mid down and 60s in most of the suburbs. sun and a few clouds tomorrow, more humid than today. the high 93. warm and sticky tomorrow night, down to 75. another hot and humid one wednesday as the kids head back to school. much needed rainfall, 83 and less humidity thursday and friday, clearing out in time for saturday. >> thank you. rob is you have -- is up next with sports. >> the mets and yankees in action this afternoon. those highlights and we'll get to football.

the giants meet with jason pierre-paul to check his health. >> plus, gino smith join the millions who have already switched. we switched. and now, we're streaming netflix. who knew time warner cable's internet was so fast! mom switched. and now, we can watch our favorite shows together, on demand. i switched. so i can connect to the internet just about anywhere with my free twc wifi hotspots. join the millions who switched to time warner cable. for $89.99 a month, you'll get 100meg internet, and hundreds of hd channels.

you'll also get unlimited calling to the us, mexico canada, china, and now india. call today. i switched. now i have a free app that lets me watch tv whenever i have the time. for $89.99 a month you'll get tv, internet and phone. and if you call now, 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, a $300 reward card. call today.

i remember and it wasn't that long ago when pitchers pitched complete games, whether they won or lost. >> pitchers pitched. >> no relief pitch ing. >> how was that by the way? >> he's going to start tomorrow at washington after that they that's harvey saga. the mets want to win but be smart with a tommy john's surgery. >> you don't know how he will

feel and what all of the considerations are at that time. i guess that's the position we've also had. when we get there we will figure it out. >> four game lead in the nl east over the nationals. the mets open a three game series at washington today. huge series. sespedes, his 13th homerun sid since the trade. mets take the lead. a mos with a grand ramos with a grand slam. david wright comes through where an rbi single. it's an 8-5 win. the yankees down open ing against the orioles this afternoon. jonathan scope knocked out a homerun. the yankees were down 4- 1 but come back. alex rodriguez his 29th of the year. the yankees were

now ahead by a ron until manny mochado nails one. how about one more homerun? yankees win 8-6. toronto lost this afternoon so now the yankees are mere percentage paints away from 1st police. it was a crazy week in the nfl. geno smith back on the field. laura back with the jets today. >> geno smith put on a helmet and ran through drills with the jets today for the first time since a punch from former teammate ik enemkpali broke his jaw. >> being on the practice field is a good way to put those things outside of my mind and focus on the game and just practicing and working hard. >> the question on everyone's mind, why didn't smith just pay ik enemkpali the $600 he was reportly ohhed? >> i don't want to -- reportedly owed? >> i don't want to talk about. we put that behind us . that's all that matters at this point, the cleveland browns.

>> smith insisted he isn't embarrassed by what happened. >> none of the outsiders were in this locker room and i think the team did a great job moving forward. >> the big question once healthy will geno smith return to the starting role? the answer, no one knows. >> i don't focus on things of that nature. i continue to work hard. >> channel 7, eyewitness news. >> he said he won't file charges against ik enemkpali. giants at dallas sunday night. today jason pierre-paul was going to stay his giants physical. he stayed away from the team after losing his right finger in a fireworks accident on july 4th. he's trying to with the giants. they are not ready to stay pie rre-paul won't play sunday. >> maybe the doctors will clear

him right away. i'm not sure about any of that. i'm not going to rule that out either. among the winners today at the u.s. open, men's valvrika. young had support in the stands and beat him a few years ago but not this win. he's headed to the quarter finals for a third straight year. more action under the lights tonight and an update at 11:00. coming up tonight. >> a cry caught on camera. brand new cars roll ed ed off the lot by thieves. how do they pull it off? >> plus, a blood test that tells you how old your body is, does it work? those stories and more on eyewitness news at 11:00. that's it for us for now. thank you for watching. i'm bill ritter. >> i don't think you want that test. >> i do want that test. >> world news tonight is coming up next. eyewitness news returns tonight at 11:00. have a great night.