vehicular homicide and manslaughter. if a new toxicology test can prove that someone slipped something in his drink, his attorney will try to have the charges thrown out. are we talking about roofies here? >> yes, absolutely. >> reporter: a blood sample taken from pedro the morning of the crash may be tested for a date rape drug. that request was made by the now suspended linden police officer's attorney. this morning in a staten island courtroom. >> i have a toxicologist that needs to take a look at the blood sample. the district attorney is looking to see if there is an extra bloated sample. we will try to do a chain of custody to get the sample to my toxicologist. >> reporter: they say his blood alcohol content was three times the legal limit when he went the wrong way on the expressway and slammed into a tractor trailer.

toxicologist found evidence of ghb when he reviewed abad's medical records. >> if we can prove he was on ghb at the time there is a good possibility the case could be dismissed. >> reporter: the general manager of curves called the claims ridiculous and pointed to abad's previous arrest for drunk driving. he said over the phone this is their attempt to grasp at straws at their part and they are giving us a black eye in the process. now, eyewitness news has also learned that there is surveillance video from the strip club from the night of that incident and that will certainly lend itself to the investigation as to whether he was drugged or not. reporting live, darla miles, channel 7 eyewitness news. >> thank you. the suspect charged with killing a new york city police officer is back in court today on an unrelated charge. tyrone howard appeared in bronx criminal court on charges from an arrest on rikers island. authorities say he was caught

holding 33 bags of crack cocaine in may of 2013. the grand jury indicted howard on first-degree murder murder and robbery charges in the shooting death of detective randolph holder. an arrest in the hit-and- run accident involving an off duty nypd detective in queens. police say ellen rivera moya into custody. they say she hit the detective with her s.u.v. as he crossed 80th street in glendale last night. the detective spend the night in the hospital but is expected to recover. a hempstead police officer arrested and charged with sexually abusing a woman in front of her two children. police say lewis arcila was off duty when woman. he had his police shield clipped to his waist. prosecutors allege he sexually assaulted the woman as his 3- daughters watched. now we go to the mets. they may be down but they are not out.

right now the team is back here in new york. they are practicing at citi field. last night as you know the mets lost game 2. game 3 is tomorrow night. they hope for a come back like the one in 1986. the mets trail kansas city 2 wins to zero. they have to win four of the next five games to capture the world series. can they do it? yes they can. rob powers is here with a look at the tough road ahead. >> reporter: no doubt they have a big mountain to climb but the mountain comes to citi field. the world series resumes tomorrow night. they trail 2-0. now they move on. travel game for the teams. both chose not to have formal workouts. they get ready for tomorrow night. citi field rocking for the first ever world series game. kansas city won its home games, now the mets. the '86 team was down 0-2 and won.

>> there is a lot of confidence in the clubhouse. i talked to them when we got back off the field last night. it was a similar refrain that we had from the night before. we are down but not out. >> we get to come here where we played well all year in front of a fan base that is excited. that is an understatement. >> wearing nypd hats in solidarity after the murder of officers holder. tomorrow the world series at citi field. now they need to bring their a game in game 3. coming up in sports more from the workout and more from last night's game in kansas city as well. keep sending your pictures of your mets pride. use the #abc7ny. >> clever pictures out there. as we continue, the latest on that plane with more than 100 passengers on board that

>> and as mayor de blasio gives up run for reelection, a new

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it was three years ago today. the impact from superstorm sandy is still being felt in parts of the tri-state area. the massive storm devastated coastal communities. when it was over the total damage in the u.s. estimated at more than $70 billion. three years later some residents still can't return to their homes. new jersey reporter traffic tracker in union beach -- toni yates in union beach with the story. >> reporter: not many people would have thought three years ago on the day after the storm that people would still be in this stage of recovery three years later. state leaders took tours and promised more help. >> is this your house? >> yeah, congratulations. >> reporter: wendy and her son nick took the lieutenant governor on a tour of their home now more than two years into renovation. >> did you have a problem with

your insurance company. >> yes. >> reporter: did you work it out? >> no, i gave up. >> reporter: the lieutenant governor said that a few times today. >> that is my cell phone number. >> reporter: peggy rose is just getting through the demolition process. we are living in a trailer in eaton town and we are doing it one day at a time. the good thing is we are funded. >> reporter: there is disparity. some getting what they need. she reassured homeowners they are fighting for their rights as well. >> they can call the department of insurance and meet with mediators, federal counterparts are working hard to extend the time that we can challenge some of the insurance payments. >> reporter: a similar review with governor christie. >> we will continue to meet the challenges head on, everybody. nobody will be forgotten.

three years is a long time, a real long time. >> reporter: back in union beach, acknowledgement of united way on the scene from day one. 77,000 hours of labor inbound vested in sandy recovery. they are at peggy rose's demolition. >> we are saving that home 20, $25,000 so a contractor will come in and get the house done. >> reporter: wendy's renovation. >> without the volunteers, we wouldn't be able to be back in our home any time soon. >> reporter: we have to remember governor christie did say in 2012 that it would take years to recover. that has come true for so many families, too many families hoping that the fourth anniversary of superstorm sandy, everyone would be back in their homes. learn in union beach, toni yates, channel 7 eyewitness news. >> thank you. in new york, there is a renewed effort to help people waiting to get back in their homes.

the build it back program for single family homes destroyed by sandy. 9300 homeowners are in the program. more than 5,000 have gotten checks now. only about 1200 new homes have been built so far. among them marilou and frank's house in new dorp. >> i don't know, nothing like your home. no matter how bad it was, we got through it and we are back now. >> well, the mayor hopes to have the build it back program completed by the end of next year. terror on the tarmac in florida. 15 people hurt when a passenger plane caught fire at fort lauderdale airport. the dynamic airways flight was ready to take off when an apparent fuel leak sparked a fire in the engine. the plane bass quickly evacuated. one person suffered serious burns. investigators are on the scene trying to determine what went wrong. new at 6:00 mayor de blasio

what is called an informal start of his reelection campaign. a new poll says nearly half of new york voters don't think he deserves a second term. in a poll released this afternoon, 48% say he does not deserve a second term. 42% say he does. 45 peters approve the job he is doing as mayor but 46 diets approve. the margin of error is plus or minus 3.7%. a health scare for gregory meeks. he was rushed to the hospital with chest pains. meeks says doctors found a blocked artery that caused a mild heart attack. he expects to return to work in a few days. the house has a new speaker. paul ryon got 236 becoming the 54th speaker of the house. he was seen by the g.o.p. as the best candidate to lead the house. he took the oath of office for a job that he never really wanted.

time to start with a clean slate. >> the house is broken. we are not solving problems, we are adding to them. and i am not interested in laying blame. we are not settling scores. we are wiping the slate clean. >> as for the other votes, nine republicans made daniel webster of florida their choice. democrats cast their votes for nancy pelosi of california. stocks finished lower. the dow fell 23 points. nasdaq down 21. s&p 500 lost almost a point. >> okay. and we got lee looking ahead to a very busy weekend even though it's still only thursday, right, lee. >> thankfully we got over the big hurdle of the week. we have ups and downs in temperatures. a few clouds but great looking sunset.

nintendo unveiled the first ever game for mobile devices. it's not mario cart. it's a social media app. it will feature -- these are their words friendly conversation starters in a secure and welcoming environment. a social app.

>> i don't know who is. it could include characters that format. >> i want to see how this works. >> i'm not clear on this. >> let's wait to see it. >> just got rid of my nintendo hockey game. >> absolutely. it's great. >> we are supposed to talk about the weather. >> oh, yeah. >> okay. it's windy out there. it was a mild warm one much of the day. cooler breeze tonight. we go outside, fantastic view of the sunset over new york harbor. the only problem with this picture, 5:56. otherwise high clouds, beautiful sunset. over the new york harbor and the bite is moving along. good chop on the hudson and east river. now a beautiful shot of new york city. this camera is shimmying a bit.

breathtaking. silhouette of manhattan is gorgeous with the high clouds. really pretty. pair of 6s. wind is gusting 13 to 24. humidity was up after the overnight rains. now it's down to 28%. cooler feel tonight and it will tomorrow. barometer rising. 13 degrees above average will be on the average high. the rainfall yesterday nearly an inch and a half. sunset at 5:56. a 20-degree drop tonight. upper 60s today. upper 40s by morning. near normal tomorrow around 60. looks cool and dry for trick or treat. then a small shower chance for marathon sunday, ten or 20% shot. hudson valley in the low 60s. 52 monticello. 64 norwalk and 65 yonkers and 66 us a continue.

west orange 65. you can see the converging winds offshore. that is the cold front. wind gusts, that is sustained at newburgh 40 miles per hour. may be delays at stewart airport. winds gusting into the first part of the night then back off late. mainly clear. lots of sunshine. a few fair-weather clouds. leave the fall coat. we get to 58 or 60. first pitch time night dry. wear your mets coat. drops into the 40 late innings. this is one cold front but two more to go through the next 24 hours. it's snowing near hudson bay. you can tell chilly air is coming our way. in the 40s in cleveland. we will get a cool shot but it's transient. it's not staying for days and days. we will warm up late in the weekend. brisk and bright tomorrow. 60. on halloween i expect high clouds to mix with the sunshine. cool for the costumes. but a layer underneath.

don't have to put a coat over the costume. this front is what i am concerned about for marathon sunday. it will go to the north. best chance of a shower in the hudson valley. stray shower could visit for the wad worth -- fort wadsworth in the morning. here is the seven-day forecast, 56 on halloween. creepy for the trick or treat time with temperatures around 50 degrees. sunday 53. we turn the clocks back. extra hour of sleep. sunset sunday 4:52 in the afternoon. a lot of sports news for us. >> let's turn the clocks back this weekend because there is not enough going on. world series is back in town. game 3 tomorrow. after two tough games the mets will hand the ball to that guy and take their chances. game 3 preview straight ahead. first, channel 7 is your home for the tcs new york city marathon.

we are taking you mile by mile introducing you to some of the new yorkers you will find on the course. >> mile 7 home of the barclay center, home of the nets and new york islanders. >> there you go. the tcs new york city marathon sunday, november 1st. our coverage kicks off at 7:00

i'm michael douglas, and new york is my home. there's no place like it in the world. and there's no time to see it like the fall. take metro north to take in the beautiful fall foliage from high above the hudson. swing a club at one of america's greatest courses... see spectacular sights underground... ...or thrilling sights above it. there's so many incredible ways to experience the fun of fall in new york state. plan your trip at iloveny.com.

ism you know my mom is a holland tunnel mets fan. >> birthday today. >> rarely shaken by anything. she says i don't know, i don't know. >> she says those words.

>> don't get shaken. the mets respect. keep the faith. with that being said none of the numbers will be in the mets favor. teams down 0-2 in a series, how could they be in their favor. a 7 game series for a reason. as far as we know, nobody has lifted a trophy yet. a wind tomorrow would change everything. the world ser rest at the mets home. they hope to be stingy hosts like the royals were in kc. a long night after a second tough loss. column soon. >> we ask for patience. i told you that is not a word used in new york, patience. you have to have it in our game in our sport. >> we didn't plan this to happen to be down 0-2. part of the reason we had success is handling the resiliency and overcome and win ball games.

lived up to their reputation of being a pesky hard hitting team but the mets have to be more than surprised that one of their big young pitching stars lasted five innings, gave up four runs. the mets ace recorded only two strikeouts. royals swung and missed three times against a pitcher hardly anybody else figured out. >> it would be hard to say okay this is a formula, get a punch of guys that would swing. the right guys that make it work. they put great at bats together and hopefully we can now game plan at our ballpark and change that narrative. >> we got one other baseball note. don mattingly expected to land in miami. he goes to the marlins payroll 69 million. more baseball at 11:00.

knicks are undefeated after one game but it was a good one. they opened with a solid road win at milwaukee. if nothing else the new look knicks appeared deeper. derrick williams 24 off the bench. what the heck help hit the home opener in first place. >> you didn't know where it was coming from tonight. great team effort. >> all right, next up football. the jets look for a bounce back after the loss at new england. next up raiders in oakland. oakland is on the rise, 3-3. they can hurt you on both sides of the ball and the jets have taken notice. >> it will be one of the toughest games this year. this is a fiery team that is hitting on all cylinders. >> interesting week for the giants.

they continue to get ready for new orleans but all eyes are on jason pierre paul who came to the team yesterday. analysis from the coach. >> i think he was really, really moved, if the word is right, to be in the practice yesterday, to be out, stretching with the guys, et cetera, et cetera, so,ing i think that only gets better. >> good to see him do anything. and nick mangold says he wants to play sunday despite the neck hurting him. >> can't wait. wish him a lot of luck. a look at what is coming up at 11:00. a run for cover and a wild shoot out. stunning video of a deadly gun battle. >> plus, what could be a sure fire way to calm a crying baby. researchers say they have the answer. those stories and much more tonight on "eyewitness news at 11:00". >> and that is our news for now.