dismiss all felony sexual assault charges in this case. bill cosby's legal team had argued for the last two days that that should happen because back in 20005, former district attorney bruce castor made a deal with cosby, giving the 78-year-old a nonprosecution agreement, essentially that he would never be charged criminally. but in the last two days cosby's team admitted they never had anything actually in writing, that they considered a press release that castor wrote and signed as that agreement. of course prosecutors and the district attorney all along maintained that essentially didn't exist, there wasn't an agreement, it was a promise. castor also said orally he told him, the cosby team, that this was an agreement. but in the end the judge decided that that would not stand up. also tonight another motion that the judge is going to hear from cosby's team whether or not to remove the district attorney from this entire case. of course there are a lot of motions in this.

there's a lot of ups and downs. if we have any new developments of course we'll bring them right to you. kemberly richardson, channel 7 eyewitness news. >> big news there tonight. we're going to turn now to the weather and the drenching rain outside. >> it is pouring right now in many parts of our area with flood watches for some. >> in fact, this is some of the heaviest rain of the day. meteorologist lee goldberg is tracking all the downpours. he's outside of our studios on the upper west side. >> still really coming down in connecticut. thankfully i can report some improvement in new york city over the last hour or so. still steady but fairly light. visibilities are low. the ceiling has come down so already damaging some delays. still at 56. when it's not coming down hard, the rain that is, it actually feels pretty nice at 56 degrees. nearly an inch of rain in caldwell and white plains. coming dow i-80 and 287 the last hour or two. about a half inch in new york city. much lighter amounts eastern long island and jersey shore but the rain really

targets you as we go through the evening hours. we had the flood watch over central new jersey. why there? because you still have snow plaques. -- snow packs. new cain over to western, norwalk, bridgeport, that's where the rain is heaviest. it's also heavy in suffolk county, long island, getting light over nassau. more rain south and west of philly. that's going to bring more rain in during the evening hours especially from new york city south and east. hudson valley, conditions will continue to heaviest rain continues to shift eastward during the evening, however, with the front really dragging its heels trying to get offshore, there will be a resurgence in showers overnight especially over coastal new jersey and long island so that could mean a wet morning commute for you. here's what you need to know. heaviest rain shifting to connecticut, long island. more rain overnight. on average an inch around the area is going to cause ponding on area roads. then this front may come back

not just as rain but wet snow and light accumulation. we'll have more on that close call coming up in the 7-day forecast when i come inside. some frightening video tonight of gang violence. shots fired in broad daylight with ensign children around. one video released today, bullets just missed kids playing outside. adult bystanders were nearby. alleged gang members were arrested. n.j. burkett is in flatbush with the story. >> this is the courtyard where it happened. imagine parents and kids enjoying a warm summer afternoon outside their apartment when suddenly a young man bursts in to the courtyard and sprays this place with gunfire. yes, a man was killed here, but tonight prosecutors say the gunman is under arrest. >> this is really ridiculous. you can't walk the streets now. it's not safe. >> reporter: paul a bryant remembers exactly when it happened. the surveillance

show all of it on television. a young man shoots up the courtyard of her building as children and their parents are sent running for cover. two adult bystanders, a father and his son, will be struck. the father will die. ms. bryant knew them both. >> the kid they was looking for was there and had just left. they walked up on him and shot him. and his son. him and his son. >> reporter: tonight prosecutors say that gunman and more than a dozen accomplices are under arrest. >> these guys weren't just walking down the street. they were driving in cars shooting and killing people. >> reporter: prosecutors say they terrorized residents across south brooklyn. reputed members of the violent street gang said to be responsible for at least 30 shootings and an untold number of armed robberies in the past 18 months. >> this crew has its tentacles

sales, crack sales, credit card fraud, counterfeiting, auto theft, and robberies is how they made their money. >> reporter: 16 were in custody this afternoon. >> we're here today to say no more. we're going to hold these gangs accountable. >> the alleged gang members range in age from 18 to 27 years old. if convicted of these very serious crimes, they could face up to 25 years in state prison. live tonight, flatbush, brooklyn, n.j. burkett, channel 7 eyewitness news. good news and bad news in the fight against crime in new york city. shootings dropped from 90 last year to 59 this past month. homicides went from 40 to 22, a 34% drop. felony assaults including slashings on the subways ticked up about 1400 last january, 1600 this year. new york's top cop is issuing a wake-up call. literally. >> subways are not for sleeping.

i know a lot of people are tired. they work very hard. but our officers are going to be instructed to start waking people up. >> bratton says more officers will be sent in to the transit system to wake those commuters up. tonight an eyewitness news exclusive, a most disturbing story. an 8th grade boy, a star athlete says he was stopped by undercover cops in newark, roughed up, and left with a broken shoulder. he says surveillance video proves his case. the police department tonight investigate. darla miles in newark with the exclusive story. >> this 14-year-old said he was forced to walk home with a dislocated shoulder after the officers who allegedly did that to him refused to call 911. right after that his mother brought him here to the fourth precinct to report that to internal affairs. >> i still want to cry about it because i don't see how they do that to me after everything. i didn't do nothing. i was just

>> reporter: watkins is used to trophies, not tears. being 5'11" at the age of 14 has worked in his favor, winning a slew of honors in basketball and baseball. >> now my shoulder is broke, the way he pulled it back. when he put the handcuffs on me i heard it pop. >> reporter: but his stature may have led officers to believe he was another older person tuesday evening around 8:00. this is exclusive surveillance video of the teen being approached by three unmarked cars with flashing lights. you see the teen running and the presumed officers running after him. >> did you see police cars, marked cars? >> i didn't see no marked. they was just all black trucks. >> did anybody ever show you a badge at any time? >> no. >> reporter: the 14-year-old was born with fluid on his brain and had a tube placed in his head when he was only a year old. >> he has a vp shut. i don't know if a lot of people knows what that is. he has a tube in his head.

i'm very secure about him when he leaves out of his house. >> reporter: anthony ambrose released this written statement which reads in part we haven't definitively determined if police officers were involved. if it is determined the incident involves my personnel, i'll take the appropriate actions. >> i didn't know what to do. it was dev astating and terrifying. >> watkins' mother says he has both a broken and dislocated shoulder and he's going to be out of sports for at least three months. darla miles, channel 7 eyewitness news. a candlelight vigil it -- at this hour for the victims of a crash. a year ago tonight a metro north train caught fire after colliding in to an suv in westchester county. five passengers on the train and the driver were killed. the husband

fired a lawsuit claiming the railroad crossing is unsafe. marcus solis with more. >> in just a few minutes they'll light those candles, read the names and remember those lives lost. all this as the debate for who was responsible for the crash rages on. >> it's a very dangerous crossing. >> reporter: a year later he has come back. the 49-year-old was on her way home and detoured by traffic when she stopped at light. >> she never knew she was on the railroad tracks and you can see how that happened. >> reporter: 15 other passengers were hurt in the crash in subsequent fire. alan brody faults the mta saying it is unsafe and confusing for those not from the area.

>> it's not designed for any serious amount of traffic. it was never designed for the amount of rail traffic. >> reporter: the victims will be remembered at a vigil being held by mount pleasant officials, even hoe the town itself is named in every lawsuit along with the mta. >> we don't own the crossings, don't maintain them, so we really have nothing to do with them. >> reporter: the ntsb is still investigating the crash. meantime, brody says he's on a mission after losing his wife of 24 years and the mother of three daughters. >> i have to repair this world. i have to fix this problem because it is one. and nobody is going to do it without being encouraged to. >> brody says he wants the commerce street crossing closed permanently. nothing is likely to happen until the ntsb issued its final report and that's expected in the coming months. marcus solis, channel 7 eyewitness news. >> very sad anniversary. as we continue on this wednesday night, historic day and emotional day.

a young man becoming the first undocumented immigrant in our area to get his law license. he's lived here almost all his life. his inspiring story is next. the mets' $75 million man talking for the first time since he signed his winning the

has got all the details coming i'm neil patrick harris and new york is my home. no place has more world class culture. come winter, i can't wait to visit our must-see collections of art and superb photography and film. new york has beautifully restored theaters, that are now important centers for the performing arts. and museums that preserve the glories of the past. winter in new york state means more great things to do than ever. plan your trip at iloveny.com

new at 6:00, an enormous victory for immigrant rights and a 32-year-old man who has been in this country since he was 5 undocumented. >> cesar vargas was sworn in as an attorney. they ruled his undocumented status has no bearing on his character or right to practice law. >> here's joe torres. >> reporter: his mother by his side, cesar vargas emerged from the courthouse with a four-year legal journey behind him. the 32-year-old undocumented immigrant activist was sworn in today as a lawyer. >> it was an amazing moment. it felt like the day was never going to come. but it's here. through the support of so many people, my family, my mother. >> reporter: now that he's finally an attorney, said his 72-year-old mother, i am so proud of him. vargas and his family arrived from mexico 28 years ago and settled on staten

island. he graduated from st. bar exam in 2011. but his bar admission was denied because of his immigration status. last year a panel of five judges ruled he could be admitted to practice law. >> this is a victory for the judiciary branch of the state. they said the exclusive determinant factor. >> i'm going to dedicate my career to my family, to the community, the great nation that has opened the door to realize the american dream. >> reporter: what lies ahead, says vargas, is helping others experience that very same dream. in downtown brooklyn, joe torres, channel 7 eyewitness news. >> what an amazing story. controversial in some parts of the country for sure. >> just ahead on eyewitness news at 6:00, nobody likes running out to the street every couple hours to feed the parking meter. good news on the way soon in new york city, you will not have to. >> and lee returns with much

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feeding the meter in new york city about to change and become easier. you'll be able to do it from your phone. mayor de blasio plans to have citywide paid by phone parking up and running by the end of this year. pilot program in the belmont section of the bronx. mayser going to formally announce the plan tomorrow in his state of the city address. oh, you didn't know he was having a state of the city address? it's tomorrow and he's going to announce this new app. >> how will themeter know? >> it's in the computer system and they're told it's been paid. >> until you get the tickets. then you scr -- then you have to explain all that. >> i have more questions. [ laughter ] can you answer questions about the rain? >> i can do that. outside we go this evening where we have low visibility. it's a level playing field down lower

low clouds causing delays at area airports. on the bronx river parkway southbound exit 21 and 22 closed because of flooding. i showed you over 684, bronx river parkway getting affected by that. about an inch to quarter inch of rainfall already. south wind about 7 miles per hour. the high today, 57. you see we're not far from that record high of 64. we could still bounce up to 60 this evening. flood watch in interior new jersey. why in that area? you still have snow pack across interior parts of new jersey and that means poor drainage areas will have a little bit more flooding than other areas. raining heavily in ronkonkoma. the rain has gotten lighter over parts of nassau county. 62 in poughkeepsie right now. 55 in newark. rain through a good part of the night even in to the early morning hours and parts of long island. clouds try to break up midday then the clouds come back again later.

of rain that's right along the merrick parkway. it's raining pretty heavily in west port. across the sound, there's your heavy rain from medford, patchogue. there. the rain where it was heavy over westchester is starting to get lighter. not raining much over orange county, passaic. steady rain coming in to ocean county. then this rain right here, it's just near the philly area. it looks like that's going north and east so i think the theme for the evening hours will be steadier rain south and east of i-287. new york city, long island, connecticut. you'll see that in the futurecast as well. with that said, the front is moving slowly and more showers are likely to flare up later on just about anywhere but toward the connecticut, long island, and the jersey shore. still going to be wet roadways for the morning commute. skies try to brighten tomorrow. then something interesting tomorrow afternoon. clouds start to come in because this front is backing in toward the coast again. this model is showing the rain shield offshore.

there's indications later tomorrow night rain gets closer and also with cold air coming in it changes over to wet snowfall. so maybe a slushy accumulation especially over connecticut or long island and in worst case it can get back in to new york city as light accumulation. rain this evening going to showers. some brightening by midday tomorrow. mild. 54. then tomorrow night an opportunity late at night for rain to come back. a little bit of wet snow. this is the worst case scenario. a coating to a slushy couple of inches. i think as we'll see toward the trend, we'll have more on that at 11:00. more connecticut and eastern long island. the weekend is great then we get in to a much colder pattern next week with multiple shots at a storm along the coast. right now it's a close call for monday or tuesday. winter is certainly around. with winter here, we're going to talk about shoo! ugh, come on!

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we knew the $70 million man had to talk some time. >> he's here. mets haven't booked a return trip to the world series but they have signed up with the guy that helped lead the charge last season. yoenis cespedes. we had the announcement, conference call, and today finally the full blown reintroduction. laura behnke at citifield for us. >> mets wanted him back, but more importantly, yoenis cespedes wanted to be back in new york and back he is. >> just the amount of support i've received from fans, from teammates and the mets organization just made it a good place and i wand to come back. >> i watch all our games just like the fans do. and there's no question that yo brings a level of excitement that exceeds most other players. >> reporter: but more than excitement, the slugger brings power to the lineup. >> he takes a lot of pressure

off other guys in the lineup where they can just do what they need to do. >> he was the best teammate i've had in a while and he taught me so much about the game and i'm so fortunate and blessed to have him back and be able to spend every day with him. >> reporter: up next for the mets, spring training in about two weeks. while everyone is eager to begin a new year, this season for the mets it's even better. >> this year i think it will be particularly special, more competitive i think going in to spring training than we could have expected in any of the previous years that i've been here. >> for me as well as my teammates and the whole mets organization, we really wanted to finish what we started last year. >> reporter: with the mets at citifield, laura behnke, channel 7 eyewitness news. we've got more super preparations in the bay area. super bowl 50 comes up sunday. more practice tonight for the panthers and broncos. denver qb peyton manning, his neck issues, four surgeries. missed a season. he's dealt with foot and rib problems. manning the 18-year veteran said his doctor

told him hip replacement surgery in the future too. >> i said doc, i didn't ask you if i was going to have a hip replacement. i didn't need to know that at age 37, but thanks for sharing. i look forward to that when i'm 52 and have a hip replacement. today is national signing day for high school football players, the day when they let colleges know where they're headed. the nation's number one recruit, the guy every school wanted, he is not from florida or texas or california. he's from paramus catholic high school. rashan gary announcing he's picked michigan. coach harbaugh at michigan watching on mike tirico's cell phone, happy. rashan made his way back home this afternoon to sign that letter of intent and we were there. >> makes me feel great. a lot of stress off my shoulders. i can get back to focusing on really being a student now. i feel like i can excel academically. it will help me farther down in life.

rangers resume after the all star break. kevin klein broke his thumb and is out indefinitely. watch this. last night halftime georgia tech-duke game. this for $25,000. a fifth year senior would win it. who's putting? sink, georgia tech alum. and sink sinks it. >> amazing . how do you read that? >> great story. what's coming up at 11:00 on eyewitness news? sade is here with that. >> tonight there's new information just coming out on the zika virus from the president of brazil. also we'll tell you what one college is now requiring students to wear to make them healthier. plus we'll take a tour inside some of new york's coolest hotel rooms. we'll have those stories and much more tonight on eyewitness news at 11:00.

>> tomorrow night we'll have