bend toward the area later tonight into tomorrow morning. there's a wave for heavier rain for thursday night into friday and then a third wave is dependent on what joaquin does. our tropical storm 5:00 advisory from the hurricane center, strengthening, 60-mile- per-hour winds and turn into a category one hurricane over the next 24 hours but the track much different than yesterday keeping it offshore for now but the cone still awful close to the east coast. we will have to watch that closely and even if it stays offshore we could still have a pipeline to its tropical moisture over the weekend. the widespread heavier rain is going to develop later tonight, rumble of thunder too. now, rainfall amounts from the city south and east shouldn't be too much of a problem for the morning commute. still going to be slippery with puddles but the heaviest rain we could get two, maybe 3 inches of rainfall, that's going to be in our northwest suburbs, through northwest new jersey, middle hudson valley and lower hudson valley. second round of rain thursday through friday. we will have your latest track and your seven-day accuweather forecast coming up in a few

we are on the cusp of that rainfall beginning. bill and liz, back to you for now. >> lee is on four times a night on eyewitness news but if you're not near a television, you can still track the storm by downloading our free accutrack weather alert app. new at 6:00, the mother of a young man who died in police custody in new jersey tonight filing a suit claiming cops and workers at the middlesex county jail caused the death of 27- year-old david yurbey, a neck fracture is what killed him but a mom claims her son had a history of mental health issues and she says officers treated that as a crime. darla miles has the story. >> reporter: well, liz, the mom says she did not know her son died with a broken neck until five months after she buried him and that was only after the middlesex county prosecutor's office conducted an internal investigation and declined to prosecute. that investigation includes

video of his final hours. >> when they placed him in a chair and they were saying to him, relax, relax and he wasn't doing anything. >> reporter: this is the child veronica gave life to but she had never seen her son david like this, erratic, despondent, screaming at the top of his lungs. >> you know, just treat somebody like that that has some type of mental disorder. >> reporter: the video provided by the middlesex prosecutor's office, part of a four month investigation into the in custody death of david yurbey in north brunswick. the 27-year-old was arrested last october by piscataway police and then taken there. >> needed medical attention. he needed to be seen by somebody other than a prison. >> reporter: she says her son

was studying to become a pharmacist when he was diagnosed with bipolar disorder during his second year of college. the day of his arrest, his family says they notified officers that he needed medical attention. taken to mcacc instead, yurbey spiraled downward quickly. due to his behavior, the family attorney says in a lawsuit filed tuesday that corrections officers strapped him into a chair for nine hours, maced him and beat him, so severely that his face was disfigured. >> and i was so shocked because the way he looked, his face was so messed up. >> reporter: now, david was in a number of altercations in general population before he was placed in that restraint chair, so it's not clear exactly when he sustained that broken neck, but veronica says she blames piscataway police because he should have never

reporting live in new brunswick, darla miles, channel 7 eyewitness news. we have just learned three more cases of legionnaire's disease have been identified in the bronx. the health department announcing new cases within the past hour that brings the total number of cases to 10. officials say all the recent incidents are in the morris park area and are not connected to the outbreak that killed 12 people over the summer. health officials have tested cooling towers in the area to outbreak. prosecutors in new york say they expect to file charges against the mother in the bronx accused of throwing her newborn daughter out a seven story window. police now ruling the girl's death a homicide. she was found outside a university heights apartment building. her umbilical cord still attached, the 33-year-old mother claims the baby was stillborn but an autopsy now confirming she was alive at the time she was thrown. a construction worker is recovering at a hospital in queens tonight after firefighters rescued him from a pillar high above the ground.

of the new bridge in math peth -- maspeth after receiving a 911 call this afternoon. a bucket was used to reach the worker who was sick and then lowered him down to the ground. former new york cop tonight in jail after he surrendered for open firing into a car in westchester county during an alcohol fueled gun frenzy. 28-year-old brendon cronin will remain in jail until he's sentenced in december. cronin pleading guilty last week to charges of firing into a car to stop -- at a stop light hitting a passenger six times. a prominent civil rights attorney says he is concerned about the significant drop in the use of "stop and frisk" among the nypd. ron siegel and the manhattan and brooklyn borough presidents today released a report for recommendations for improving police community relations. says the most crucial recommendation is that officers be better trained on what constitutes reasonable suspicion when performing a stop and frisk.

now because of the politics around "stop and frisk," which is not what should happen? >> other suggestions in the report include extending police academy training from six months to a full year and decriminalizing nonthreatening behaviors like jaywalking. we reached out to the nypd for some sort of comment. we have yet to hear back. there is no word tonight on who vandalized the mexican consulate. police say red paint was found splattered on the outside of the building on east 39th street in midtown early this morning. some believe it is protest graffiti. investigators think they know which group is responsible for it. the mexican consulate was also vandalized back in 2007. high stakes diplomacy on the table at the united nations, an historic meeting between president obama and cuban president raul castro. each side making demands of the other before the new diplomacy is expanded and a redetente might be set into motion. it's raul castro's first appearance and the u.n. and one

day after his speech to the general assembly, history made when he sat down with barack obama, the first time in more than 60 years an american president has met with a cuban president on u.s. soil. now the diplomacy has been restored, castro wants the u.s. to lift the decades old embargo that has crippled the island's economy. >> the establishment of a dialogue about bilateral and multilateral interests in the bilateral recommendation will continue working in the next weeks. >> reporter: this was the second meeting this year for the two presidents. they met in cuba in april. and while the cuban leader focused on the embargo and the return of land occupied by the u.s. navy at guantanamo bay, president obama centered on cuban's dismal human rights record and detainment of -- two cold war adversaries began normalizing relations, a process that started late last year partly because of pope francis. since then the two countries

havana and washington. after all this, president obama back in washington saying that continued reforms in cuba would increase the impact of u.s. regulatory changes. will anything really change, though? this is clearly a fluid situation. liz. well, a mixed day on wall street today the dow gained more than 47 points after yesterday's big sell-off but the nasdaq lost 26 points, the s&p 500 was up two. as we continue with eyewitness news at 6:00 for this tuesday night -- >> if i had to worry about who liked me and who thought i was cute when i was your age, i wouldn't be married to the president of the united states of america. >> wow. first lady michelle obama at the apollo theater today with an important message for girls on the importance of education. some really candid comments from her next. plus, a push to give parents a new tool to check out day cares before they enroll their children. and the so-called new knicks take the court for the first time. how many of these players do

a bill coming to the new york city council aims to help parents find good day care to their children. it's in response to the death of a 3-month-old day at an unlicensed day care in soho this past summer. folks in the neighborhood recommended to his parents but

trained in giving cpr to infants. council member margaret chin says parents need the information the city has. >> which day cares are licensed and which ones have been cited for violations, so that their children will be protected. >> well, a bill will be introduced tomorrow. it would require the city to publish lists of day care centers that have been shut down or given cease and desist orders because they were unlicensed. new at 6:00, michelle obama on the campaign trail tonight but it wasn't for anyone running for office. >> the first lady pushing her kind of platform at the apollo theater making sure girls stay in school and get their diplomas. >> education as empowerment. here's eyewitness news reporter kemberly richardson. >> what was it like talking right there to michelle obama? >> like we made eye contact for a second. i was just like, oh, my gosh. i was so nervous. >> reporter: a feeling shared by more than 1000 students, all girls from our area. >> i loved it.

>> reporter: leading the charge, the first lady here at the apollo theater. >> the idea of hosting this conversation in harlem on the apollo stage was, you know, a wild -- my wildest dream so i'm just thrilled. >> reporter: a conversation about the importance of educating adolescent girls earlier this year, the obamas launched an initiative that helps millions of girls around the globe get to and stay in school. >> we want you guys to know about the 62 million girls and we want this to spur and inspire you to not take your education for granted. >> these students from harlem just happened to be on a walking tour and -- >> this was our next stop and we saw the motorcade, we got outside and we said will we be able to come in and they said yes. >> reporter: the first lady also gave these young women some priceless life advice. >> there is no boy at this age that is cute enough or

interesting enough to stop you from getting your education. look, if i had worried about who liked me and who thought i was cute when i was your age, i wouldn't be married to the president of united states today. [ cheering and applause ] >> reporter: michelle obama closed by telling everyone not to sweat the small stuff, how investing in yourself now will open doors in the future, coming from the first lady, that speaks volumes. in harlem, kemberly richardson, channel 7 eyewitness news. >> powerful message. >> love that. >> really great. just ahead on eyewitness news at 6:00, keurig out with a new machine but this one makes a very different type of drink. and lee returns with much more on -- look at that. yeah, that means heavy rain is

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the coffee company keurig is moving into the homemade soda business. the company unveiling the

it makes soda and -- you won't get a cold from it. it makes soda and other carbonated drinks using plain tap water. it is also pod based with pods containing soda flavoring and special beads packed with carbonation. it will cost you a cool $370 -- i think of club soda and i think the cold. >> i wonder what red barn soda tastes like. >> an ipad based or something. [ laughter ] >> good luck with that. that live picture that we showed of outside, ewww. >> murky. it is quite a stretch we are going to go through and very complicated forecast and it includes some -- well, some connection to joaquin, whether the storm comes to the east coast or whether we just get tropical downpours from it. meanwhile already feels tropical out there. george washington bridge moving pretty well right now, south wind 10 to 18 miles an hour, the high in the lower 80s, this could be the last 80-degree day

of the season. average high is only 70, record 88 back in 1945, there are your sunrise and sunset times. 75 old bridge, 73 rumson, dry here for the next few hours on the jersey shore, rain over northern new jersey and the hudson valley. long island had a couple of showers, dry for now. going to have light rainfall amounts into tomorrow morning, probably 1/2" or less. could be a couple downpours, heavier amounts north. brightening this afternoon, around 80 in poughkeepsie as really -- that really was a couple hours ago. 72 is the dew point in newburgh, very sticky and stuffy outside so it's mainly cloudy 7:00, light rain around the area especially north. midnight the rain is more widespread. lull late morning, another round of lane likely to come through with a cold front during the middle of the day and there still could be additional downpours. so have your umbrella all day long tomorrow. meanwhile a couple of moderate showers here over ulster county moving into parts of orange, rockland, northern westchester, heavier rains

county right now, lighter showers leaving stamford and bridgeport. not much counsel to the -- down to the south but a lot happening from the south west. the front will start bending toward the tri-state area but the focus of the heaviest rain is likely to be north and west. we are going to have spotty rain showers the first part of the night, isolated downpour, probably okay to get the yankee game in even though it might not be pleasant. here comes the heavier rain after midnight. heaviest will be north and west but it doesn't mean long island, jersey shore and connecticut won't see heavy downpours. the best chance of flooding and real commute problems north and west tomorrow morning. then as the day goes on, probably wildly scattered showers through late morning but another round could have a little resurgence of the rainfall midday with a cold front coming through the evening commute looks okay. thursday into friday rainfall comes from this disturbance pulling up gulf moisture here and even by friday already a connection with joaquin. shown strengthening here, you can see it's more thunderstorms

around the actual center so looking like a healthier storm right now. now, the most recent hurricane center track has it becoming a hurricane, cat one hurricane over the next 24 hours but keeping the storm track offshore, look at the cone, still superclose to the outer banks and several computer models including one that came out before we went on air that's still showing tracks taking it in the mid-atlantic and dangerously close to the tri-state area across the del mark -- delmarva. rough ride in tomorrow morning with heavy rain that will taper during the day. thursday lighter during the day and heavier at night and friday another washout. we will track it for you at 11:00, 74 tomorrow, rough morning commute, more showery later in the day. tomorrow night cloudy and cooler, not much in the way of heavy rain, just a touch of light rain. that goes into much of thursday. but heavy rainfall again later thursday night into friday could be another soaker. on wednesday in between the bands of rainfall and then all about joaquin and how it impacts us later in the weekend. the latest at 11:00.

>> thank you. rob is up next with sports. >> big baseball games here. this season spreading to the playoffs. the football season rolls into week 4 and the basketball season is ready to start. straight ahead, training camp is open. the knicks get to see exactly what they have beginning today. plus final goodbye to i'm sigourney weaver, and new york is my home. there's no place like it in the world... like our state parks. the adirondacks are my favorite. for hiking, fishing, camping, you name it. niagara falls is the oldest state park, but visiting it never gets old. the readers of a national newspaper voted letchworth the #1 state park in america. watkins glen, #3. new york state parks are a gift. plan your vacation at iloveny.com.

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there was humor at yogi's funeral and i think he would have liked that because he saw the irony in everything. >> day to look back and remember yogi berra remembered as a baseball player, sure, but more as a man, a family man who loved his wife and left a legacy of service to his country and his community. yogi berra died last week at the age of 90. the funeral today in montclair and here's -- in his parish

church one that overflowed with mourners. cardinal dolan presided, joe torre spoke on a day yogi berra was remembered by so many in so many ways. >> yogi, you are a champion in every single one of those 90 years and we are grateful. [ singing ] >> his cremated remains at the front of the church a golden catcher's mitt on top, an american flag there as well. yogi berra remembered by so many, a baseball player who touched lives on and off the field, a man who led his full life as any could lead. >> and there's no fork in the road on that journey, everybody and that life ain't ever over. >> the yankees played baseball at home tonight again the red sox. here's how they can clench a playoff spot by the ended of

the night -- end of the night, beat the red sox plus the angels or rangers lose as well. the mets play at philly tonight but the question now, home field advantage round one. the mets old a two game lead over the dodgers with six games to play. steven matt may miss tomorrow. he slept on the couch last night and not supposed to be serious but the mets are going to be cautious. they will try again on thursday. mba preseason schedule opens october 7th, a week from tomorrow. training camp is open. laura behnke at west point on day one. >> reporter: most of the knicks have been working out together for nearly a month but today it got real, training camp is on. >> now we can talk as much as we want but we got to prove it on the court later on. now it's time to work for us. >> reporter: for the second year in a row the team opens camp at west point. but this time the knicks hope it leads to a better season. >> we've got to learn from that. keep going. don't make the same mistakes we made last year.

>> reporter: a positive sign already compela anthony -- carmelo anthony is healthy and unrestricted. >> i can focus on basketball is pretty good feeling. >> reporter: the work of will continue for the knicks long after they leave campus on saturday but there's just something about being here at west point that sets a tone for the season. >> we are truly, you know, kind of blessed and fortunate to be able to call ourselves new york knicks and play basketball for a living and, you know, the sacrifices that the young men and women make here are far beyond anything we could do on the basketball court. >> reporter: with the knicks at west point, laura behnke, channel 7 eyewitness news. it will be february at the earliest before a court hears more arguments between the nfl and tom brady. he gets to play this season from last night. yankee catcher join reimer -- john reimer nailed a pitch to leftfield and raced back, made a heck of a catch.

not everybody thought he caught it, including murphy. asked the ump for a time-out to which the ump replied, son, you're out. and let the ripping begin in the yankee dugout. >> i thought you meant like a pulled out a ball from his best pocket or something. >> no, just a nice play and it was gold out there. >> everybody is razzing me on twitter. let's check in with sade and bring sanity to all of this. >> well, first, cops say a man got his nails done then used his freshly manicured hands to commit a frightening crime. plus you might be loading up on calcium to keep the bones strong but is it working? those stories and much more tonight on eyewitness news at 11:00. >> we will see you then. thank you. and that's it for us for now. thanks for watching. i'm bill ritter. >> and i'm liz cho. world news with david muir coming up next. eyewitness news returns at 11:00. have a great night.

>> bye-bye.