commonwealth's attorney says the evidence paints different picture. 08=33:47 "we are going to get justice it don't stop here" kawaza beaty's family couldn't hold back their emotions after meeting with the commonwealth's attroney about their son's shooting. 08=34:07 "what did he tell you.. yeah what did he tell you in there the same things he has been saying in the paper that black lives don't matter" beaty was shot and killed by officer randy gibson july 4th. police got word that beaty had a off shotgun. when questioned he ran. during the case beaty pointed the gun at police and that's when gibson fired and hit beaty in the head. today-- the commonwealth's attorney ruled the shooting was justified. 09=35:35 "i don't care what nobody said. what no one said there is no howard gwynn says beaty was shot in the side of the head and officers had no choice but to fire. 15=:50:23 "if he shot him in the head, if he shot him in the chest he could have shot him in the heart it doesn't matter once you have the right to use

right to eliminate the threat" it wasn't what beaty's family wanted to hear. 11=:41:46 "i got a gun too. what do you want to do you want to shoot me. there is nothing you can taken from them for no reason. 09=36:33 "it hurts our heart still hurts it is only been seven months and it is just like we are reliving this whole thing all over again the beaty family did file a 10 million dollar law suit against the city. their attorney tell me this decision changes nothing, they plan to move forward with the suit. coming up at 6-- this was the second shooting randy gibson was involved in. he has been the commonealth's attorney if that's troubling. jason marks 10 on your side. norfolk. another fire in ocean view. this one is deadly. an elderly woman died, as duplex. several others were hurt. 10 on your side's liz kilmer is live outside

liz, you see the shell on the second floor of the destroyed duplex to get out. we're told a woman and two children were forced to jump out of a window. while a grandmother - was trapped and died. c21 bradley 00:07:06 "i can't believe it got that bad that fast it was literally within minutes, the whole house was on fire it was crazy." hearing screams from next door, bradley caswell ran from his apartment toward flames. c21 03:08 "i see the hose and banged on their door and tried to spray it but then the power lines were popping." fire quickly crumbled the staircase alongside the two story duplex - trapping a family inside. a woman and two children jumped from a window. while an elderly woman, who neighbors knew as "grandma" didn't make it. firefighters located her, badly burned, and pulled her body from a window.

time to be scared, now i'm just still shaken, very much." sandra cahoon and her husband lived on the first floor - they woke up to commotion around 2 am, when the fire broke out. c49 08:15 "engulfing, before we even opened the door the first time, our mini blinds in the window were melting inside, the smoke was coming out, coming all around, bits of flame shooting down on us." cahoon and her husband had minor burns -- the woman and two children who jumped from the window were taken to the hospital. we're working to find out how they're doing -- and what caused the fire. on wavy news 10 at 6 hear what another neighbor who knew "grandma" has to say about this loss. live in norfolk, liz kilmer, 10 on your

nearly two weeks ago - 30 families were pushed out of their ocean view homes - after another devestating fire. the massive flames destroyed eight buildings and damaged another six. chopper 10 flew over the smoking remains in the willoughby area. investigators still don't know how it started. tonight another perspective of the damage left behind from wednesday's from drone10. as residents continue to dig through the rubble - their stories of survival begin to shine through. 10 on your side's erin kelly spoke to one woman who watched her home rip apart right before her eyes. erin? alechia jadwin says she and her roommate were home at the time with three dogs -- all of them survived. she says the wind began to pick up, the house began to shake, and before she knew it -- the house looked like this. alechia jadwin - victim c0003 - sound - 2522 i just like instant almost, a matter of seconds. (ek)

ripped off. yes, literally. 2535 alechia jadwin's home sits wide open -- her belongings thrown out in all directions. alechia jadwin - victim c0003 - sound - 2927 this dresser was sitting literally like right along that wall in that corner over there, where that lampshade is sitting 2931 the tornado knocked the dresser to the ground -- but as for her clothes -- she doesn't know where they ended up. she's gathering what she can. alechia jadwin - victim three pairs of socks and a pair for my boyfriend 2813 jadwin rents the home and doesn't have insurance. when she looks at it now, she thinks of all the things she could have lost. alechia jadwin - victim c0004 - sound - 3347 these are replaceable, thought why and why and why and it's just, there's no need. it happened for a reason. what that reason is? i don't know. 3401 scary, i mean, i was in

we checked with town officials and learned the following: tonight waverly baptist church on main street is open for that. if you need food, cleaning supplies -- fresh pride has been taking donations there. if you need clothing -- wakefield baptist church. if you want to help -- pride every morning next several days. live in waverly, erin kelly, 10 on your side. let's take a closer look at that unique perspective of those destructive moments from wednesday. drone 10 shows us a very close ariel view of this tornado did to this town of 23 hundred. we have created a seperate slideshow on wavy dot com for today's drone 10 images. you can find it along with our complete coverage on the waverly tornadoes. six people in north carolina now face a list of drug charges. the charges range from possession to intent to sell.

this week in manteo and kill devil hills. all made bond. a man is in custody for an attack in portsmouth police say 49-year-old ray jones broke into a home late last night. they say he started fighting with a woman and hit her with some sort of sharp object. the victim went to the hospital. police charged jones with malicious wounding and burglary. portsmouth detectives say a crimeline tip led them to a suspect in a c-v-s robbery. 22-year-old tevin patterson faces robbery and gun charges. 10 on your side showed you this surveillance video in october. detectives say patterson walked in the c-v-s pharmacy on frederick boulevard , implied he had a gun and demanded money. both the clerk and the suspect ran away. no one was hurt. virginia beach police are looking for suspects in a cell phone store robbery. it happened at the a-t-and-t store on virginia beach boulevard around 8:30 last night. police say two men came into the store with a gun demanding phones. no one was hurt. still to come at 5:30 - a woman says they wouldn't

husband's quick thinking. hear how they survived winds of hour in tappahannock. this week's deadly tornadoes throughout the state are making history. the numbers. the fight against zika spreading in the commonwealth just got a governor. this ahead of the start of mosquito season. my full forecast is

lowe's presents: how to put your foot in your mouth. man, wish my yard looked like yours. hey, the grass is always greener on the other side of the... sorry. now get 20% off sta-green fertilizer,

the fight against the zika virus comes to virginia. the state department of health will lead a task force started by governor mcauliffe. it is responsible for coordinating with local authorites on mosquito surveillance and control programs. this is ahead of the start of the mosquito season on may 1st. the centers for disease control reports a possible link between the virus in pregnant women and birth defects. a case report from brazil suggests: the zika virus may lead to more severe problems than originally thought. zika is strongly abnormally small heads and brains in some newborn babies. now -- doctors published a case in which zika was found in a severely malformed stillborn baby. this is the first report to show a possible link outside the central nervous system. researchers say much more work is confirming the link to zika. farming in virginia is down - but not because

what researchers are saying today. are you getting the sleep you need? why your health could be affecting

i do everything on the internet. but, it's kind of slow. my friends say i should get fios because it's the fastest. i just downloaded 600 photos in 60 seconds. that's seriously better. (husband) we're out of 2%! i wonder what else could be better around here? (husband) i heard that. switching to better internet is now easier than ever. only fios has the fastest internet available, with uploads up to 5x faster than cable. get 100 meg upload and download speeds. plus tv and phone for just $69.99 a month online with no annual contract.

it's pretty uncommon to see february tornadoes anywhere. but especially in virginia. today, 10 on your side's anita blanton looked into just how unusual this type of severe weather really is. tom and nicole i called the storm prediction center for noaa and the national weather service in norman, oklahoma and i like the way one specialist put. this severe weather was highly unusual but not unprecedented. here's what else i found out. (current vo) this week's severe storms produced the first ever deadly tornadoes in the month of february in virginia history. from the three lives lost in the ef-1 tornado in waverly to the 1,200-foot-wide, ef-3 tornado in appomattox that claimed one life and

strongest february tornado ever recorded. february is by far one of the least common months for tornadoes but there have been others through the years. (gfx) just take a look at how this month compares over the find in the data from the national climatic data center, just four tornadoes total in february over the last 10 years as opposed to 27 in a place that was hit again this week. the damage was much less extensive in waverly then but still significant for those impacted by the area it struck. at least four large trees fell on the first baptist church of waverly's property. three of them landing on gravestones at the small cemetery there. the first baptist church of waverly documented their clean up efforts after the ef-0 tornado in 2014. although families of the 40 veterans buried there weren't able to go to their graves for

it appears that the cemetery was open for visitors again within three months. anita blanton, 10 on your side. there are fewer farms operating across virginia-- but there is more land to grow the food we need. the national agriculture statistic service says: the number of farms across the commonwealth dropped by 3-percent last year, from 20-14. but the average size of farms grew 181 acres, a 2-acre increase. you're looking at video of a strawberry farm in virginia beach. the virginia farm bureau reports-- farms with sales less than 10-thousand dollars annually showed the biggest decline. for the second time, nasa scientists have cancelled a rocket launch. they were originally supposed to shoot a rocket, much like this one, back in december. bad weather, payload problems and other issues kept prevented it. so they moved the date to today - but bad news. scientists hope they'll be ready to launch on monday. the rocket will carry several engineering projects and experiments from students

university. anchors ad-lib toss tonight: mainly clear. cold. lows: upper-20s. winds: n 5-10 mph. saturday: mostly sunny. still cool. highs: mid-40s. winds: light n

sunday: sunny skies. much warmer! highs: low-60s. winds: sw 10-15 mph. we have been enjoying a decent amount of sunshine through the afternoon, however, a northwest breeze kept temperatures in the upper-40s to low-50s. tonight, expect mainly clear skies and lighter winds, so as a result, temperatures will dip into the upper-20s. a chilly

chilly afternoon on saturday. even though we'll have plenty of sunshine, highs will be stuck in the mid to upper- 40s. sunday will be in the pick of the weekend - mostly sunny with temperatures back in the low-60s! we will hold off on any shower chances until late next wednesday. wouldn't ya know - we could possibly see more storms next wednesday - i'm not saying we will see any severe weather right now, but we'll keep you updated! in the

even when you're away from your television, we're on your side tracking the weather for you 24/7. download our free wavy dot com weather app. it gives you hourly forecasts, the latest radar images, and any watches or warnings for our area. a local lawmaker comes out against off-shore drilling. we'll explain why he's not in sync with other state leaders on the issue. then at five-thirty - protecting your privacy. how far is apple willing to go in its battle with

(donkey sound) (elephant sound) there's a big difference between making noise, (tapping sound) and making sense. (elephant sound) (donkey sound) when it comes to social security, we need more than lip service. our next president needs a real plan to keep social security strong. (elephant noise) hey candidates. enough talk.

all new at 5:00, lieutenant governor ralph northam is urging federal officials not to include virginia in any off-shore drilling plans. the democrat sent a letter to bureau of ocean energy management saying off-shore drilling could threaten virginia's environment, agriculture and tourism. northam, who already

for governor next year, is at odds with fellow democrats governor mcauliffe and senators mark warner and tim kaine who say off-shore drilling would create jobs. its been 6 months since a gunman killed a television reporter and photojournalist from roanoke. w-d-b-j photographer adam ward and reporter alison parker were doing a live interview in august-- when police say a former disgruntled station employee, gunned them down while they were on the air. the woman they were interviewing survived. vester flanagan led state police on a chase, and eventually killed himself. since that time, w-d-b-j has been helping employees cope by providing counselors. station management has also increased security during live shots. having trouble sleeping? it could be a sign of health problems in your future. the results of a new study about sleep, is straight ahead at 5:00. then at five thirty - a medical miracle giving hope to women who want to start families. but will it

i do everything on the internet. but, it's kind of slow. my friends say i should get fios because it's the fastest. i just downloaded 600 photos in 60 seconds. that's seriously better. (husband) we're out of 2%! i wonder what else could be better around here? (husband) i heard that. switching to better internet is now easier than ever. only fios has the fastest internet available, with uploads up to 5x faster than cable. get 100 meg upload and download speeds. plus tv and phone for just $69.99 a month online with no annual contract.

the weekend is here and that means some of us can catch up on some sleep. an alarming new study by the centers for disease control says, 1 in 3 of us are not getting enough. health experts say we need at least 7 hours a night. obesity, diabetes, high blood pressure are all conditions brought on by a lack of shut-eye. experts say we can blame part of it on technology. 24 - 33 (sot: nikki caffeine, people live busier lives. usually in a family the mother and father both work" doctors say make sleep a priority, just like food and water. if you have trouble falling asleep, even after making adjustments to your routine, contact your doctor. don't fall asleep on us right now! its time to start wavy news 10 at "we were just laying on the floor praying."

pieces in waverly today. where those hardest hit by the storm are finding help. 50-54 if it wasn't for my husband i wouldn't be here i'm so blessed to be here plus - hear how this couple survived when a tornado hit their home in essex county. 5-14 "its horrible he came back inside and just started shooting it didn't matter who it was no specific target just shooting anyone that got in his way." what we're learning about the gunman who carried out a deadly attack on his co-workers. yesterday we showed you the perspective only chopper ten can give. today -- wavy's drone ten flew over some of the damage -- offering an even closer look -- after wednesday's tornado left a nine mile path of destruction -- killing three people -- and destroying homes and businesses in waverly. it will take folks in waverly a long time to clean up. today -- volunteers with the red cross were in town offering help with food and water. others are working to find shelter for dozens of people displaced by the

matt gregory spent the day in waverly -- and has more on that part of the section of waverly, the heart of the destruction. people are coming back today trying to piece their lives back together, but one man i spoke to says hes had a hard time finding where to even begin." 4:27:52 tim williams / lost everything c0058 4:04:45 "the debris and stuff were hitting it so hard, it was lifting the car up on one side we were just laying on the floor praying." 4:04:52 2 days later tim williams says he thanks god he spent most of his time in. tim williams / lost everything c0058 4:09:24 "i thank the lord my friend came in and asked me to test tornado. hunkered down in this nissan altima. friday still in shock, williams tries to figure out what he can salvage. tim williams / lost everything c0058 4:07:48 " i called the va and explained it to them what was going on. explained that im a they dont have no place down here for me." 4:08:00 a lonely feeling for the 8 year