to an argument with people inside this club on east 23rd street. a bouncer threw him out and jamison returned, allegedly fired off five shots. his aunt is keeping an open mind but told me the young man she knows doesn't have it in him to do this. >> sometimes we're caught up in bad situations in life. sometimes you don't think before you react. it's really bad. >> reporter: two other women were hit with bullets and lived. one is walikque's best friend. she was standing next to her, watched walikque die. in an emotional message she wrote, quote, words can't express the sadness i have in my heart. i'm sorry this happened to us and i'm so sorry i couldn't do anything to protect you. my heart is completely broken. >> my heart is going out to them. no one should be killed on the streets. no one should have to deal with any of that. >> prosecutor says four witnesses picked out jamison from a lineup. he's due back

kemberly richardson, channel 7 eyewitness news. now to breaking news on long island and what a mess on the long island because of that, a motorcycle accident, huge delays tonight in suffolk county. shannon sohn with the latest. >> the the rider of this motorcycle in the hospital. this accident happened on the eastbound side of the l.i.e. outside exit 57. but the troubles don't end there. as they investigate that accident, there was yet another accident, this one involving a police cruiser. this by exit 56 for route 111. you can imagine with these two crashes, you can see the damage to the front end of the suffolk county cruiser. with the two accidents the l.i.e. has been shut down. the decan lays go back for about 7 miles. it is a disaster.

the l.i.e. in hauppauge, shannon sohn, channel 7 eyewitness news. now to a story we reported first on eyewitness news first at 4:00. dramatic video of a robbery inside of a store in midtown, manhattan. the man in the pink hoodie appears to ask the clerk for help filling out some lottery ticket earlier today. he fills out the tickets, hands them to the clerk and appears to walk away before sucker-punching him. suspect grabs the lottery ticket and runs off. coworkers come to help the clerk. police are wondering if you have any information, please call them. he said he didn't do it but cops and prosecutors continued to press charges that luis flores, jr. secretly took pictures of a little boy in a suffolk county bathroom. tonight, five months later after he says he was fired from two jobs. finally charges dropped against mr. flores. he didn't do it, just like he did. here's kristin thorne. >> reporter: luis flores, jr.

says his faith is what has gotten him lieu the past five months. he's been living a nightmare after a little boy said flores, jr. took pictures of him inside a restaurant bathroom. >> it's hurt me, hurt my family. >> reporter: flores, jr. was inside hibachi grill on north babylon may 17th but he said from the beginning he wasn't the person who took pictures of the 8-year-old boy. the boy told police he saw a hand come over the stall and saw a flash going off. flores, jr. was arrested days later. he had to go in to hiding because people were threatening him. we spoke with him over face time in june and even back then he said he was innocence. >> i feel very violated inside, victimized, and i'm innocent all the way. i didn't do this. >> reporter: prosecutors agree, stating in court today based on the review and evidence, there is insufficient evidence available to mount a successful

prosecution against this defendant. >> this is definitely what i could ask for even more. i'm so grateful. >> reporter: details provided by the boy's father simply did not match surveillance video from the restaurant. they say they also did a forensic analysis of flores, jr.'s phone. they say they found no pictures or video from the restroom and that nothing had been deleted from the phone. >> i give a lot of credit to the assistnt district attorney who handled the case. they did an in-depth investigation. once they had the case, he was very, very thorough and they did the right thing. >> reporter: now flores, jr. is trying to repair his life by getting his two jobs back. suffolk county police had no comment on the case's dismissal. in central islip, kristin thorne, channel 7 eyewitness news. the city will tear down an abandoned island in staten island days after a teenager died there. demolition began today. an emergency order to tear it down was issued eight

months ago but a permit wasn't issued until after marcos castillo's death. castillo fell seven stories inside the abandoned building last friday. tonight his family and friends paid their respects to castillo at a church in west brighton from 7:00 to 10:00 tonight. fear spreading across israel. the country on high alert, deploying military troops amid escalating palestinian attacks on the public. two more attacks including a stabbing on an elderly woman in a bus stop. series of deadly shootings has forces setting up checkpoints and restricting access to palestinian neighborhoods. secretary of state kerry planning to visit in the next few days to offer support for trying to restore peace. new york mayor de blasio also heading to israel. tonight he's about to hold his first ever town hall meeting. about 250 expected to attend the meeting. this in washington heights which begins at 7:00. the mayor will

discuss tenant issues and the recent rent freeze. town hall is at the high school for science and math in washington heights. former nba star and queens native lamar odom is fighting for his life after he was found unresponsive in a brothel in nevada. the 35-year-old was found in his room at the love ranch on tuesday afternoon. odom is going through a divorce from reality tv star khloe kardashian. she's keeping vigil at his bedside in las vegas. reverend jesse jackson also visited today. >> champions rise. we hope that he will somehow come to that championship spirit and rise again. >> odom won two nba championships with former teammate and now knicks head coach derek fisher. he played on the 2004 olympic team with carmelo anthony. anthony johnson is at the knicks practice facility in greenburg with more.

opportunity to play for the knicks in 2014, although it was for a very, very short period of time. the general manager phil jackson had to let him go after just a few months. but here the nba family is showing its love and support to lamar odom and telling everybody to pray for lamar. >> reporter: there were a couple heavy hearts at knicks practice this afternoon. coach derek fisher was obviously moved while talking about his form er los angeles laker teammate and friend lamar odom. >> i'm obviously hoping that he can pull through this and that in some fortunate way that this becomes the beginning of a different ending. >> reporter: lamar odom had some highlights in his basketball career, winning championships as a laker in 2009 and 2010 with derek fisher by his side. odom was good friends with knicks forward carmelo anthony.

you see where he's at right now, only thing you can do is pray for him. >> reporter: lakers star kobe bryant visited his former teammate odom in the hospital yesterday. miami heat star dwayne wade sent this sympathetic tweet, saying dear god, he's one of the good ones. please watch over him and listen to his heart. i asked coach fisher what odom needs to hear if he pulls through this apparently self-inflicted trauma. >> i love you. i'm here for you. we're all here for you. >> reporter: odom, who grew up in queens, had a challenging family history. his father was an addict and his mother died of colon cancer. in his neighborhood he's still revered. >> he's talented. he never really practiced just always naturally gifted. >> he's a nice kid. it's unfortunate what happened to him. we wish him the best and we only have good stories about him.

we're praying for him. >> coach fisher says he does not want to use the word was when referring to lamar odom because he's hoping that lamar odom will make a full recovery. that is the latest live from knicks camp, anthony johnson, channel 7 >> a sheriff in nevada has scheduled a news conference to update the media about the odom investigation in about an hour from now. we'll have it for you live on abc7ny.com. as we continue with eyewitness news at 6:00, a well known group that owns more than a dozen restaurants says it's now eliminating tips for its servers. >> plus a man rescued from a sewer but how did he end up there in the first place? >> in sports, the mets, maybe you've heard of them, on their way to los angeles for their decisive game 5 against the dodgers. >> taking off to warmer temperatures. upper 70s there tomorrow. for us, 70s in a couple spots but feels cooler with the sun going behind the clouds.

another pretty sun set out there. temperature in new york city, 65. wait till you hear about the chilly weekend. >> you're looking at live pictures right now of an accident near exit 56 on the long island expressway. this accident along with another accident now causing 7 miles of

no word tonight on why a man was in a sewer drain on long island. the man was rescued around 11:15 this morning. firefighters lowered a ladder near a manhole on corona avenue. he then climbed out. the man was examined by paramedics, hosed off and put in to an ambulance. officials say they plan on questioning him. new at 6:00, the man who revolutionized restaurant dining in new york city tonight turning the industry on its head again. >> danny meyer, the founder of the union square cafe, so many others, announcing his restaurants will start eliminating tipping. >> that means no more calculations by customers and higher wages for workers. >> reporter: danny meyer owns a

high end to burger shacks and hospitality is his strong point. it's the focus of his book, setting the table. now he's setting a new trend by doing away with tipping at his 13 restaurants, starting first with the modern at the museum of modern art. meyers says, quote, by eliminating tipping, our employees who want to grow financially and professionally will be able to earn those opportunities based on the merit of their work. meyer isn't the first to 86 tipping, but he may be the most well known and that may have impact according to a lawyer and restaurant employment expert. >> where the rubber is going to hit the road is on the moderately priced restaurants whether this could take off. he's a leader in the industry. it's an important step. >> reporter: he adds the move will benefit those in the back of the house, the cooks and dishwashers who will get a fairer wage. >> i don't see how it's going to have a negative effect.

>> i think i give good service and i'm rewarded for the service i do and sometimes people go above and beyond, depending how they think i did. >> reporter: for this diner, tipping should go. >> you don't work for tips so how come the restaurant owners have gotten away with this forever when you think about it, and we're dependent upon to take over what they should have been doing to start with. >> don't expect to pay any less for your meal. the money you would have added will now be factored in to the total cost of the bill so likely you'll be paying for more food and beverages. meyer has 1800 employees who he describes as the core of his business as he told me back in 2010. >> i think the team of people we pick in any of our restaurants has been the seek result of our success. >> reporter: time will tell if no tips is the enlightened approach when it comes to that team. lauren glassberg, channel 7 eyewitness news. >> i know nobody treats his workers better than danny meyer.

so if he says it's going to be good, that's what i'm going to trust. just ahead, lee goldberg says yeah, get ready for colder temperatures.

we're going to call this temperature. >> you dubbed that at 4:00. i love it . >> because it's going to end. >> is only going to be with us through the weekend. a little taste. i think that's how this weather pattern is going to go as we head in to the colder months. i don't think we're going to stay in chill for a while. shots of cold but overall not too brutal. outside we go, a beautiful sunset time lapse over new york harbor. such a pretty time of year. very dramatic sky, at times was very dark today, then deep blue and all the foliage. thank you for sharing your pictures at abc7ny.

pinks and oranges on the horizon. northwest wind at 5 and the high just short of 70. closer to normal tomorrow and there are your sunrise and sunset times and your records. weather headlines, it's really october at its best tomorrow. a little bit more sun than today. middle 60s, should feel great. here's the good news. friday is looking drier and brighter. a lot of shower activity likely to bypass us to the north. the weekend still looking chilly especially sunday. we can't get out of the 50s. frost in the suburbs, hard freeze sunday night in to early monday morning and it's the coldest weather since april. haven't seen 30s in new york city since late april. 64 in yonkers. it's 66 in bayside and woodhaven. 64 in brighton beach. low 60s and mid 50s. hudson valley over to the catskills. newark is coming in at 65. wind mostly coming out of the west, starting to ease a little bit but still a noticeable breeze at 10 to 12 miles per hour in a couple of

spots. wind will ease in to the overnight. clear. lots of sun tomorrow morning. a little breeze during the day, mostly sunny and temperatures in the middle 60s. heavier clouds starting to push offshore. a few sprinkles surviving. they'll continue to dry out and these showers not likely to survive the trip overnight as we clear out. the next system we're watching is north of the great lakes. this one is and quebec. the cold air to the north is locked there even though we'll get a little cooler over the next few days. it's really nothing significant. this front west of hudson bay will dive down and make it in to the northeast. that will unleash this air sitting north of the border in the 30s and 20s. i can see 20s in our far northern suburbs by the end of the weekend. classic fall day tomorrow. look at the front on friday. really going to i-90 north with most of the showers, maybe getting a couple showers north of the city. 66. i can

southern new jersey, south shore of long island just stay dry. patchy clouds early tonight. clear and cool, about 50. 40s in the suburbs but tomorrow a high of 65. beautiful day. mostly sunny and pleasant tomorrow night. maybe late shower sneaks in to the catskills. here's your 7-day. stray shower friday otherwise the real chill is saturday night and sunday. 52, feeling like 40s. monday. we'll bounce back rob sup next with sports. >> for years people have headed to california to seek their fortune. the mets just want to win a baseball game. we get ready for tomorrow's game 5. mets against the dodgers for the right to advance in to the playoffs. the jets coming off some time off. they get back from the practice field and get

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it is at least an exciting series. one more game of excitement or maybe not. they could have put the dodgers away last night, pop corkz in the clubhouse, but they didn't. today the mets put the lost opportunity behind them and started making their way out west for tomorrow's opportunity. the buses pulled up to citifield around noon. mets were taken to the airport then off to los angeles. game 5 is the final game in the series. for the loser, after tomorrow all is no tomorrow. either the season ends or the mets advance to the national league championship series. so as the mets get ready for the latest biggest game of the season, let's talk about game 4. the mets missed out on the chance to close the series at home. couldn't figure out clayton kershaw. the series is tied at two games each. now it's back to the west coast. dodgers at home. the mets, road

warriors again. >> going in to game 5, got to be ready to hit. hopefully you get a mistake and keep your eye on the baseball. >> we have ups and downs. it's baseball. have to continue to play hard and have fun out there. >> elimination game. this is what you think about and dream about as a kid to have a chance to be apart of. >> mets hand the ball to jacob degrom tomorrow night. he made his playoff debut at dodger stadium last friday in the series. he pitched seven scoreless innings and struck 13 dodgers out. what a match-up. >> it's probably dead even to be honest. as good as zach and has been the whole year, degrom has been the same. >> our coverage from los angeles continues tonight on eyewitness news at 11:00. laura behnke landed late this afternoon. she'll have a report getting ready for game 5. we have a game 5 in the american league. 3-2 texas in

the 7th inning. visiting team going to all four games in this series so far. on sunday the jets get back to their nfl schedule at home against the redskins. coming off their bye week this week, get to 4-1 while washington tries to get to 3-3. jets back at work, refreshed, ready to roll. 1st quarter of the season, gone well. now it's time to get own to the rest of the season. >> this is what we do. i think everybody is excited for sunday and it's been nice monday and today to be back on the field running around with the guys. i think we're feeling pretty good and excited for sunday. >> giants at philly monday night. positive news on the injury front for odell beckham, jr. the giants say today he is responding to treatment. didn't practice today but hopes to have its big time receiver on the field later this week and of course for the game sunday night. the nfl network reports giants tight end daniel fells

today to deal with the mrsa infection. optimism building. we get ready for the harlem globe trotters. they try the crazy 8 trick shot from the fourth floor fire escape west 8th and mcdougall. he makes the shot on his eighth attempt. crazy cartoon festival coming up on saturday. >> that's crazy. >> coming up tonight on eyewitness news at 11:00, we have dramatic video of a high speed crash. a truck flying off the freeway flips over. wait till you hear what sparked this frightening wreck. >> buyer beware. why dietary supplements are sending tens of thousands of americans to the e.r. every year. that's it for us for now. thanks for watching. i'm bill ritter. >> i'm liz cho. world news tonight is next. eyewitness