about that night 12 years ago. we are in the newsroom with the breaking story. >> reporter: a decade ago, a district philadelphia declined to prosecute bill cosby but today his successor in montgomery county overruled that decision. cosby is set to be arraigned this afternoon in connection with an attack that allegedly occurred at the star's philadelphia home. >> we are here to announce today charges that have just been filed against william henry cosby. >> reporter: bellicose by charged with a total of three counts of -- bill cosby is charged with a total of three council of sexual assault. >> through the course of their association, the victim came to consider mr. cosby her mentor and her friend. on two other occasions before the incident, leading to the criminal charge in this case, mr. cosby made two sexual

>> reporter: cosby is accused of drugging and violating the woman in 2004. >> on the evening in question, mr. cosby urged her to take pills that he provided to her and to drink wine. the effect of which rendered her unable to move or respond to his advances and he committed aggravated indecent assault upon her. >> reporter: she later settled a civil lawsuit against cosby in 2006, terms were not made public. the star has denied her allegations. >> charges today are filed as a result of new information that came to light in july of 2015, the statute of limitations in this type of case is 12 years. >> reporter: adding to the

who have accused him of assaults, assaults he has also denied. and now one lawyer for seven of those accusers hailed today's decision to prosecute bill cosby saying, quote, this is a positive step in its own right and in the civil cases against him. the charges send a clear message that there's a belief of sufficient evidence to get a conviction beyond a reasonable doubt. still his lawyer but a lawyer for the alleged victim says she has she has the utmost confidence in the law enforcement team now handling this case. dave -- >> thank you very much. we're learning new details about the new york knicks player shot in queens overnight. police say cleanthony early was robbed and shot when a group surrounded his uber car early this morning. he was reportedly followed when he walked out of a gentleman's

we are live in maspeth with more. >> reporter: the knick's forward cleanthony early only played 29 seconds last night against the pistons. after the game, he and his girlfriend went to a strip club where police say they were targeted and followed and eventually early was robbed and shot just down the block behind me. >> madness in the middle of the night. i wasn't paying attention. >> reporter: his home surveillance video captured cleanthony early and his uber asking for help. >> i thought this is absolutely crazy and then my name comes out, and police converge and they both came out actually and turns out that the tall gentleman is shot in the leg and my neighbor was trying to help him. >> reporter: early left the strip club in queens in an uber car with his girlfriend around 4:00 this morning. police say early was followed from the club by six men for

separate vehicles and wearing ski masks. the gunmen eventually boxed his car in and taking his gold chains from around his neck and his gold teeth from inside his mouth and stole his cash and cellphone and then shot him in the right knee. the gunman also took the uber driver's identification. the uber driver sped away until he got to 64th street. >> maybe had i known that he was shot in the leg, i would have looked closely but he walked to the ambulance, walked to the ambulance on his own without help. >> reporter: and early is now at the hospital in stable condition. his teammates september out tweets asking for prayers for early. and the knicks released a statement saying in part, we are aware of what occurred this morning and are relieved that he is not in a life-threatening situation.

player to be robbed in recent weeks. on december 19th, the forward derrick williams was also robbed after he went home with two women only to find out the two women robbed him of more than $600,000 in jewelry. they are still looking for the two female suspects. as for early, detectives are still in the area checking the buildings for video in hopes of catching a look at the suspects involved in the shooting. dray clark, channel 7 eyewitness news. >> thank you. a final salute today for a new york city detective killed by a suicide bomber in afghanistan. the casket for detective joseph lemm taken this morning from westchester county to the st. patrick's cathedral in manhattan. along the way, firefighters on an overpass saluting as detective lemm passed by. the casket arrived where the funeral is underway right now. we

>> reporter: and that's right, david. the service is about to end here at st. patrick's cathedral. the city's police commissioner today called him a hero for all time. his friends and family nicknamed joseph lemm superman and not just because he looked like christopher but because to them, he was superman. 16 years on the nypd, three tours overseas and an air guard career that began shortly after 9/11. >> present arms! >> reporter: from a wind-swept air base in afghanistan to 5th avenue in mid manhattan, air national guard tech sergeant and nypd detective joseph lemm was mourned and honored by more than 2,000 of his fellow police officers, airmen, friends and relatives in st. patrick's cathedral. the eulogy delivered this morning by his parish priest.

called joe superman and rightly so. now we see how appropriate that name was and is. they said he looked a little like christopher reeves but more importantly, he possessed supernatural abilities that allowed him to could. >> reporter: sergeant lemm was kill m.d. a taliban suicide attack -- killed in a taliban suicide attack. his casket arrived yesterday in an emotional ceremony that left tears in the eyes of everyone who witnessed it. sergeant lemm was 45 years old. he leaves behind a wife, a teenage daughter and a 4-year- old son. >> it's going to be a tremendous loss for the unit, the city and the country that we lost this fine young man. >> reporter: and now the scene here outside the cathedral, 5th avenue has been shut down since 8:00 a.m. this morning.

patrick's, thousands more in the streets outside. st. patrick's cannot hold all of those who came here to mourn sergeant joseph lemm. live in midtown, channel 7 eyewitness news. >> thank you. meanwhile, the wake for staff sergeant louis bonacasa, the other new yorker who died in the same attack will begin tomorrow. his funeral will be saturday on long island. new york city police commissioner bill bratton is speaking out, denying claiming that the nypd is misreporting crime stats. the former police commissioner ray kelly claims the department has reclassified some violent crime to make the safer. and in response, the city released a fact sheet that insists it has not changed the numbers. >> refute everything that commissioner kelly alleged, that we are able to rebutt

we have not changed anything since his time as commissioner. i don't know what his sources inside the police department -- i don't know what his inside the police department. >> and commissioner bratton claims he is more open about the crime data than kelly ever was. a man facing a judge accused of killing his own father. police arrested 24-year-old jordan johnson for the death of his father russell it feel elder johnson found with multiple stab wounds after police say an argument with his son turned violent. officers found the father barely clinging to life. he died a short time later at the hospital. a break from the rain so far today but more we are told is heading our way. you can see it's starting to feel like winter. clouds, you see there, blocking the sun right now. and meteorologist bill evans is in the weather center. >> and the temperatures here are on the cool side but the normal high is about 39 degrees. we are at 43 with the clouds and the fog.

happen the next few days as we end the year, temperatures are warmer to end our 2015. there will be a few showers tonight and then sunshine is going to return tomorrow and it's going to warm up nicely into the low 50s the last day of the year. so looking at 41 at riverdale right now. 42 ridgewood, queens. white stone, 43. 36 towards sussex county, new jersey. and so we have cloud and there's going to be rain to the south and it will the start to come in this evening. and as it starts to run up the front, sprinkles by 7:00 and showers tonight around 8:00, 9:00, midnight. and then those are going to clear out. and clear skies and sunshine for tomorrow. and talking about new year's eve tomorrow and tomorrow night and what the weekend holds in the exclusive accuweather forecast coming up in a moment. >> thank you. all right, new year's eve right now, a test run for the new year's eve ball drop. the nearly 12,000-pound crystal

of one times square, some 36 hours before it officially rings in 2016. it will begin its one minute fall down the 130-foot pole at 11:59 tomorrow night. get ready for the screaming and the yelling and the fun. the ball drop tradition began on new year's eve in 1907. and with about 1 million people expected to pack into 20 city blocks in times square tomorrow night, security is ramping up. the nypd deploying more than 6,000 officers, some heavily armed and some in plain clothes and a special unit for this. across the country, 700,000 attend dose the rose parade in california will see unprecedented security as well. and police are asking party goers headed to the vegas strip to leave bag strollers at home. security a big concern across the country. and authorities say there are no specific threats but they are not taking any chances. surrounded, robbed and killed, coming up, a local man

we have new details on a deadly wrong-way crash in miami right now. and it's among our top stories on abc7ny. police say a woman was traveling south near miami overnight when she sideswiped one vehicle and hit another head-on. five people including the driver of the pickup truck were killed. the crash caused other accidents involving three more vehicles. two people were taken to the hospital. the faa is investigating a potentially dangerous mistake by the pilot of a commercial

they want to know how that plane landed on an active taxiway instead of a runway. the alaska airline 737 flew from chicago to seattle on december 19th. the faa tells abc news the flight was originally cleared to land on when the crew was offered another runway for efficiency purposes, something went wrong. >> they're going to have to ask a lot of questions about what the crew was thinking and looking at because two qualified pilots just don't make this mistake for no reason. >> now the plane did land safely. pilots are trained to know the different markings on runways and taxiways so it's not yet clear how they made such a dangerous mistake. okay, this is the one you're going to win. i feeling for right now. tonight is your chance -- >> i'm winning. >> all right. one of you is going to win the jackpot worth more than $250 million. come on, somebody has to win.

million jackpot tonight. the cash value more than $184 million. you never know, dreams do come true. no need to search for the winning numbers on your phone, you can catch it here tonight right before eyewitness news at 11:00. and be some chance nobody win, we will do it all over again and the jackpot will be bigger and she can buy breakfast for us. breakfast staple served up in a potential hate crime. a bacon vandal. what he targeted. plus, new developments in the so-called affluenza teen. but first, here's a message from a member of the military from our area who can't be home for the holidays. >> hi, i'm specialist jimenza

we've finally got winter weather to report on. well, kinda sorta. >> well, it's still milder than normal even though it feels cold. >> yeah, it's warmer than normal by a few degrees here

got that cloudy gloom to it today. and you see the barge going down the east river here headed past. and the seaport hang around. a little tug, the ferries are working back and forth. so we have the cloud cover and that kind of will keep us from seeing the temperatures really warm up during the daylight hours and also holds the temperature even at night. so we are hanging around the 40s. we're at 43 degrees. normal average afternoon high temperature is 39. the humidity is high, and an east wind keeping the moisture off the atlantic. but the pressure is at 30.31 over us. that's a high number there. normally fair weather is 30.00. 38 around kingston. and these numbers are warm here even though it's 30s. it's not harsh. for here. 50 around belmar right now. and winds continue to be out of the east off the sound, right off the atlantic here but

and so it just let's the fog around and the cloud cover hang around but what will happen is from the south, along this boundary right there is going to be some showers. and our futurecast as i was showing you earlier shows these popping up around 7:00, 8:00 tonight. so if you're out and about anywhere from the hudson river valley here down into the city, long island, coastal connecticut, there will be some showers until about midnight and 1:00 a.m. and tomorrow, the clouds are breaking up. the sun comes out and going to be a beautifully sunny new year's eve and that will allow the temperature to creep up. and tonight the temperature holds even here at 47, 50 degrees overnight with with the rain. and then on the futurecast computer model tomorrow, temperatures into the low 50s. going to be a great end to the year with a lot of sunshine and beautiful weather tomorrow night. so we're going to end 2015 with some temperatures that are warm and then tomorrow night, we're going to wednesday some temperatures that are right around 43 degrees when the ball drops at midnight.

and then on new year's day, not bad either, this temperature 45. that's still six degrees warmer than normal. so late showers into tonight. and tomorrow, you know, overnight tonight, you know, looking tonight overnight early rain and cloudy that breaks up after midnight. and then tomorrow, sunshine returns and we're at 51 degrees. at midnight, 43 degrees. and you will see that even into the first weekend of 2016, we're looking at temperatures in the 40s for highs, 30s for lows and those numbers are above normal as we go into the first weekend of 2016. >> wow. >> nice. >> could do a little something right now. i'm not a fan of the gray. can you fix that? >> i can fix that. >> just on the graphic. >> yeah. >> 10 minutes. >> thank you, bill. that's powerful. yeah. got to tell you a story

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well the search is on for a man caught on camera defacing a

psych the man tossing strips of raw bacon at the back door. moments later, he wraps bacon around the door handles while holding pieces in his mouth. worshipers found it sunday right before morning prayer and pork is considered unclean in the islamic tradition so muslims are taught to not eat it or touch it. and a thief stealing an elderly woman's purse while she was praying at church in florida. he snatches the bag beside the off. away. the purse was later recovered but without her wallet and other valuables. police are offering a reward for information leading to an arrest. a man robbed and stabbed to death. coming up, the search for the

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our top story this afternoon, bill cosby is due in court to face criminal charges. prosecutors in pennsylvania announced a felony sexual assault charge against the comedian. a former temple university employee says cosby drugged and assaulted her 12 years ago. a final salute, police and

the streets in manhattan for the funeral for sergeant joseph lemm, the nypd detective and national guard member kill m.d. a suicide bombing in afghanistan. also, a new york knicks player is recovering this afternoon after being shot during a robbery after he left a strip club in queens. cleanthony early was shot in the leg when a group surrounded his uber car. home surveillance video shows she searched for help. we are told early is in stable condition. hello again. i'm in this afternoon. a developing story right now, a change of plans for the so- called affluenza teen and his mother, the teen won a stay of deportation for three days. >> he was supposed to return to the u.s. today. police say they were tracked

cellphone to call for a pizza to their hideout in puerto vallarta. now his mother faces some hard time behind bars. >> we expect to charge her with hindering apprehension and that is a third degree felony in texas and carries a range of punishment south florida two to 10 years. >> ethan couch made national headlines when his lawyers argued his privileged up bringing prevented him from knowing right and wrong. a group of young looking people, crooks i should say wanted in a frightening attack on a driver in bronx. we received these pictures from the nypd overnight. we will try to show you. detectives say the young people asked the driver to take them a home in morris heights. when they arrived, the one behind the driver put a knife to his neck while the others took the victim's cash. the driver they tell us is going to be okay. days of deadly storms in

historic flooding in his my. residents there near the mississippi and illinois rivers are heading to higher ground. we are in the st. louis where one river is projected to reach 40 feet. >> reporter: yeah, some area rivers and streams have already crested. many have not as you noted and that's including the stretch of the mississippi river you see behind me here. and even still, look at how high the water is. and this is why the governor says he is preparing for the worse case sonar know. even though the rainfall has stopped, rivers are still swole and risen. near the st. louis arch, the mighty mississippi river has spilled over its bank, residents have been evacuated and others say they haven't seen a flooding like this in more than 20 years. >> back in '93, we had a week's notice that it was going to get bad but this time, it just popped up in two days. >> reporter: throughout the show me state, nearly 600 roads

entire neighborhoods cut off. in union, this mcdonald's surrounded nearly to the roof. and this gas station, nearly submerged. businesses and homes under water. >> the water has come up really fast. >> reporter: some store owners tried to save whatever they could but they were not match for the rising waters. >> brutal. out. didn't get it out. >> reporter: and now this new concern, this water plant has stopped operating. into streams and rivers. >> we expect this plant will be event is over. >> reporter: it's a race against time where the rivers haven't crested yet. through it. >> reporter: north of st. louis, the river is expected to stage. officials say several rivers will reach their highest level in decades. missouri's governor has called

>> you got at least 9 feet of vertical water coming. so be safe out there. >> reporter: and back here live, what you see are roads and actual walking trails under water and based on this, officials say once again, the mississippi river right now is on track to reach its highest level ever. we are live in st. louis, missouri, channel 7 eyewitness news. >> thank you. such dramatic video. >> yeah. >> entire areas swallowed up and from the indication, only going to continue to get worse. >> those poor people. and bill evans with a look -- look at our weather. >> yeah, we just have clouds and fog here and temperatures around 44 by 1:00. warming to maybe 47. the next seven hour, the temperature warming and then showers coming in around 7:00. so you need your rain gear, you're out and about tonight and a lot of folks are in the city and moving around all over the place.

42 degrees range. there will be warm and tomorrow sunshine is going to return. and then to tomorrow the night, when the ball drop, the temperature will be 43 degrees, cloud, cooling, not harsh. the normal temperature would be in the upper 20s but we're weather. even for midnight run in central park, all going to be really good tomorrow evening and. we will talk about the weekend. that looks good too. >> all right. thank you. today say good-bye to the iconic toys r us store in times square. the retailer's flagship location on broadway between 44th and 45th streets will shut its doors for good. the company says they are not renewing the lease at the location for financial reasons. they say it they are actively searching for another location in manhattan.

makes me feel like a kid for a few minutes two. seconds. >> yeah. peyton manning still on the defense. his latest response to a report that some say links him to performance enhancing drugs. is the reporter that did the story backing down?

this happened in bronx. >> we are at the scene with the latest. >> reporter: after many hours, police just ability wrapping up and processing the crime scene here. we still have not learned the identity of the victim. police only saying he is a young man about 20 years old who was stabbed to death many the early morning hours. now this happened just around 2:45 a.m. police responding the to decatur avenue in the williamsburg section. the victim found outside 3340 decatur avenue. he had been stabbed multiple times and rushed to the hospital close by and he was pronounced dead. and now police investigating as a possible robbery attempt. some resident thes say they heard creaming overnight but little else. and many waking up surprised to hear that someone was killed and. now one investigative aide for sure, the incident was captured on video. the owner of the building said that the assault shows a number

victim, police say as many as six suspects may have been involved. now the victim did not have any id on him, making the identification process a bit more difficult. and as of now, of course as we said, no arrests in this case. and we are live in bronx, channel 7 eyewitness news. >> thank you. two cities on edge over high profile police shootings. demonstrators upset that a grand jury refused to indict two officers in the killing of 12-year-old tamir rice brought their message to down the town cleveland. meanwhile, protesters in chicago took their message to mayor rahm emanuel's door asking him to step down. over the weekend, a 19-year-old and his neighbor, a 55-year-old were shot and killed when officers responded to a domestic dispute between the two. the father is now speaking out. >> continue to stand there and request an ambulance assistance

assist my son because i know he's still alive. i see him moving but no one would reply to help my son or miss jones. >> tensions are still high in chicago after the officer charged in the laquan mcdonald shooting pleaded not guilty yesterday. now to nfl star peyton manning going on the offensive over a report that left many questioning if manning had taken performance enhancing drugs. the journalist now clarifying her story. >> reporter: peyton manning's pr rep firing back, saying the reporter on the dark side is now backtracking and retreating, contradicting her own report, using this line as evidence. >> an extraordinary claims that raise questions whether an american sporting hero, peyton man, is linked to performance enhancing drugs. >> reporter: that reporter sitting down with us.

>> reporter: denying the claims saying it's someone else's assertion, not hers, that peyton's wife ashley received the banned drugs on his behalf. is it possible that the hgh wasn't shipped to ashley, and that peyton manning never had access? >> peyton manning knows the answer to i don't. we asked and he hasn't answered. >> reporter: the reporter saying her story raises questions, many of which she says still remain. >> what would you want to see to complete your reporting? >> would you confirm that during 2011 and over other periods of time human growth hormone was sent to ashley man, over what period, how much did why? >> reporter: for channel 7 eyewitness news -- >> yeah, the institute claims that he did work there in 2011, the year manning was at the

he was a pharmacy student with an unpaid intern and had no affiliation to the office before then. if quitting smoking is on your new year's resolution list, here's another reason not to light up, your furry best friend. cats and dogs that live in a smoking environment have a higher risk of cancer and weight gain. and smoking outdoors can reduce your pet's exposure but quitting completely, that's the best option. >> yeah. americans' latest binge watching obsession, true crime stories. how they are leading to real results in the courtroom.

le we're back with a hot trend taking over tv and the internet, those true crime series. >> yeah, the latest binge watching sensation is net

and it has a lot of people buzzing. david wright has more. >> reporter: over 10 episodes you can binge watch -- >> i was healthy when i got out. the happiest man on earth. >> reporter: netflix making a murder unravels the case of a wisconsin man who served 18 years behind bars for a sexual assault he didn't commit, only to be rearrested for murder. the series shows serious doubts about the murder case. >> it rolls out almost like a soap opera, gets people invested in the story and clearly feeling incredibly passionate about. >> reporter: so much so, local authorities say they have received hundreds of messages from people who support him, bombarding them tweets and scathing reviews on yelp. the former prosecutor practically accused of framing him for murder sent us a

case calling the series irresponsible adding netflix should provide an opportunity for rebuttal or alert the viewers that the series was produced by and for the defense of steven avery. >> we feel our process was thoughtful. and we were concerned with accuracy and fairness. >> reporter: true crime stories have been popular for year, starting with dragnet. but this new wave of true crime is different, with tellers taking sides. hbo's jinx resulted in new murder charges being brought against robert durst. >> one story told week by week. >> reporter: and the hugely popular pod cast has led to efforts to re-open the murder conviction of a man. for better or worse, these series are trial by media. edged sword. on the one hand, it can be powerful, enforcing government

on the other hand, it can lead to overreactions. >> according to netflix, steven avery has exhausted all of his appeals and he is no longer entitled to a court appointed lawyer but the innocence project is looking at the case as a result of this series. so in a way, these true crime shows can become an appeals out of appeals. >> there's a reason why they're so popular, you learn more about the cases than you would in just a headline. people get cap evacuated. >> just stick with the real shows like the real how to get away with murder. >> where have i seen that? >> never miss that show. >> shameless plug. >> i'll be watching. outside, we have some fog and looking across the sheep meadow. and that's the softball fields and that's 5th avenue in the distance.

we do have fog. and we've got some low clouds and this holds the temperature around the 40s for the rest of the afternoon. and you can see the rink there. it's one of those days where it's cloudy and a good day to go to the rink or head to the park and do ice skating. the temperature is comfortable at 43 degrees. and the east wind that comes in out here through northport where it's 42 degrees. 38 here toward bridgeport. and the clouds will per exist what will happen is with the easterly flow coming in, this will combine to make sure as we go into the evening. around 7:00, 8:00, enough moisture comes in and the wave goes by and that creates some dynamic that will produce a few showers. and notice tomorrow at 9:00 a.m., the sun is out and we will have a great day on new year's eve day as far as sunshine. temperatures this evening will be in the 40s so around 50 with the rain.

and by afternoon, looking at 50, 51, 52 for the city. east and south, upper 40s. and a beautiful evening as we go into the nighttime tomorrow night on new year's eve. as a matter of fact, as we head toward, tomorrow night, about 43 degrees new year's eve and dropping to a low of about 37 and 45 with sunshine on new year's day. so absolute gorgeous weather. cloudy with showers late this evening. overnight, early rain, cloudy overnight and breaks up and sunshine tomorrow. a great last day of 2015. 43 degrees at midnight when the ball drops. that will feel great. no harsh winds blowing through the canons or anything like that around times square. just be careful traveling and. then a nice, sunny first weekend of 2016 with temperatures in the 40s and lows at 30s. so pretty nice. so there you go. happy new year. >> happy new year.

here's a look at what's coming up next on the chew. boy are you in for a treat today because we are joined by one of the greatest names in food. he's going to show us how to make his famous fritters with a delicious dipping sauce.

well time for the stories that got their start on social media and became noteworthy to all of us. and we given with a demonstration of a self- balancing scooterment while it doesn't catch fire, it has the priest under fire. church officials in the philippines, they weren't thrilled that the priest decided to cruise around through church services buzzing along on one. i think it looks cool and interesting. >> he did a good job. >> he was balancing. no one got hurt. but the diocese say they

and the wrong thing to do in a house of worship. the priest has apologized for taking away from the somber purpose of the service and says he won't do it again. service. >> i bet they do. a love this story because it's so new orleans. mysterious lights from an abandoned new orleans hospital have gone viral on facebook. check it out. there appears to be a single glowing window among the darkened ones. and now what we find out is that it's not a par normal event. -- a paranormal event. it's just a light. police found wooden boards racked with lights. >> well, but somebody is doing it. >> yeah, that's why. investigators are looking into this as a break-in. >> if you have been to new orleans, the ghost thing is big. >> yeah, and it's real. out of here. >> turn the light on. more than 506,000 youtube viewers have been squealing

old grandmother experiencing a virtual roller coaster ride for the first time. [ screaming ] [ laughing ] >> i don't know. i see that in my nightmares. >> she's overjoyed. check that out. >> i have one of these. >> you do? >> i do. >> she's having a good time. >> i think it's great. >> and it didn't take her long to figure out how to use it, a full 360-degree view. >> you got to try it. fun. >> perfect.