helping florida get back ob its feet in the wake of irma. cleared of all criminal charges. the engineer at the helm when an amtrak train violently derailed will not face charges in the accident that kills eight and left 200 injured. good evening, i'm jacqueline london. >> and i'm jim rosenfield. the judge is calling the 2015 crash an accident. deanna durante was in the courtroom for the testimony and the judge's decision. >> 8 people were killed, more than 100 injured. while a judge says the derailment of 188 was an accident and not criminal. >> 50i8 going to take the high road and say charges were brought. >> reporter: a philadelphia judge told lawyers on both sides of the case. the ntsb says brandon bostian

was distracted when they were talking about damage to a train. that night near his location. the agency found the distraction increased the train's speed to 106 miles per hour it entered the frankfurt curve. the speed limit there, 50 miles an hour. the ntsb says bostian lost situational awareness. a prosecutor for the office of the general called that finding, quote, junk science. saying bostian's job was to look out for the 200 on board the train and he's been trained to know the route and the area. in a hearing the defense picked apart prosecution arguments showing bostian himself was seriously hurt saying multiple times there was no evidence bostian intended to harm anyone in the crash. this was the first incident in an unblemished career. the defense showed photos of the backpack zipped up and contents. later the judge saw the backpack had been dumped out and the

tablet inside was missing. it's never been found. a prosecution witness was a passenger on board the train. she says bostian told her where the train e derailed in the minutes after the crash. they were aware of where he was that night. eight people died and lawyers representing those families in a civil suit denounced the ruling saying he should be held responsible. >> in as sad and angry as we are when accidents happen, it was an b accident. >> when they filed charges there were less that be two days left on the statute of limitations. there was no investigations done by the office prior to filing charges. tonight the general's office says it's reviewing the next steps when it comes to this case. outside the criminal justice center deanna durante, nbc 10 news. >> we have an entire sex of the website dedicated to the derailment investigation.

just tap the free tbs 10 app. >>. developing now at 6:00, questions tonight after the death of a 19-year-old college lacrosse recruit. williams was a student in easton and died yesterday under circumstances that are not yet completely clear. his former high school announced that he fell and suffered a serious head injury. brandon hudson is live on the campus tonight. this young man just began his freshman year. >> reporter: that's right. just got here a few weeks ago. a vigil will happen in about 90 minutes. it's the first time students will be able to grieve together. e severe head injury, but investigators wonder if alcohol played a factor in his death. they got to call pus a few weeks ago. the lacrosse coaches recruited him. williams was a three-sport athlete at his high school who excelled in the classroom. police say williams had had hit

his head over the weekend and found in his dorm room. the coroner found no signs of injury, no suicidal tendencies and no known health problems. the college's president said in a statement, losing a member of the class of 2021 is a heartbreaking start to the year for the new students in particular. i hope the support of the community will be helpful to all at this very sad time. his family was with them when he died. the autopsy will be performed tomorrow. toxicology won't be ready for a few weeks. >> new at 6:00, a new piece of artwork stands across from the statue of former mayor frank rizzo. the 12-foot tall afro pick is titled all power to all people. the program says it hopes the statue is a counter balance. there have been calls to remove the statue because some say the tactics were racist. now to our first alert

weather. the remnantsover irma have reached the delaware valley. the cloud cover we're seeing is part of what's left of the storm. a live look at the camden s skyline as well. we did enjoy temperatures in the upper 70s today but the rain is back in the forecast for tomorrow. meteorologist glenn "hurricane" schwartz is here with the changes coming our way. >> in delaware the clouds are even thicker. this is a live picture in wilmington. it's a complete overcast there. still not raining. the clouds are thicker, but not thick to produce the rain. these echoes not reaching the ground. but it's a sign of the increased moisture. there's even more of it in virginia and d.c. north carolina. still not a tremendous amount.

it shows more widespread area of shower than it showed originally. and then into the afternoon another threat. and then even more coming on thursday. we're getting to the timing of all that and look ahead to the weekend, coming up. a wilton man died trying to save his wife from a house fire here. didn't realize she had already escaped the flames. the fire began just midnight on west 7 street. family members tell us that he got out first and couldn't find his wife and that's when he decided to go back in to try to find her. >> came back in to try to find her, but she's outside yelling the whole time. he didn't know. so he did what any husband should do. he went in there to try to find her. he didn't make it out. >> the wife is being treated for injuries. >> another key witness testified

in bob menendez. this is video at the courthouse. a dominican woman testified that the senator helped her with the visa. her original application was denied in 2008 but then spoke to her alleged boyfriend who said he was going to fix this by talking to menendez. her visa was approved. menendez is charged with accepting bribes in exchange for using his political influence. this group delivered that message today to immigration enforcement in center city. they are demanding more information from federal immigration officials following reports they recently backed off plans for a massive national raid. and argument on a septa bus led to a stabbing in northeast tld. a 22-year-old woman was stabbed four times in the thigh. she was rushed to the hospital. police are look for three women

in connection with that stabbing. swarms of apts swarming our region. what's cause iing the sudden infestation. from here in pennsylvania, wawa working to get all its stores in florida back up and running after hurricane irma. we'll tell you why that is so difficult. 

new at the 6:00, a mom of a kindergartner is accused of leaving drugs at her child's school. investigators say she dropped more than two dozen bags at st. bernadette in drexel hill. other parents found the bags when they went to pick up their kids and turned them over to the principal who called authorities. en fentanyl is stronger than morphine. new video of irma's aftershows the extent of the damage in the florida keys. you see right here all of that damage. boats blown out of the water piled up on the shore. fema says 90% of homes in the keys were damaged or destroyed. new video shows the heavy damage to homes there. roovs were torn off homes

splinter ed. the white house says president trump will travel to florida on thursday to survey damage. despite the 130 mile per hour winds, many florida homes survive the storm. glenn "hurricane" schwartz explains why. uk read that story online. wawa recently opened more than 100 stores across florida and now they are determined to get every store there back up and running after irma. >> lauren mayk shows us how the company is leaning on staff here to help employees in the sunshine state. >> reporter: in situations like this, you plan and then you get creative to get the job done. the wawa saying they are using a house in orlando for their operati operations staff. they are geting generator help from a competitor and they are take iing lessons from hurrican sandy to get everything back up and running. the line necessities after irma.

it's the kind of thing chris is trying to help remedy from pennsylvania. >> it's been a whirlwind. >> reporter: he's the ceo of wawa based in delaware county and operating 122 stores in florida. >> all the way down to naples, we opened a couple weeks ago. >> reporter: the post storm challenge starts with getting power. and wawa is tapping lessons learn ed from lrk sandy. >> portable generators are the way to go. power come and out. >> reporter: 85 of the 122 are now. some just opened for fuel in high demand. they are looking to meet other needs too. >> water tankers now are deployed down to fort myers where boil advisory is in place. they are putting water in our stores to make coffee for customers down there as well. >> back in our area, wawa is launching a ten-day hurricane irma relief campaign like it did

for hurricane harvey raising money with the help of customers to go to the red cross. >> i think we're still getting a sense of what the damage is and what the need is. i can tell you it's going to be significant. >> reporter: wawa has 4500 employees in florida and that's another challenge. the ceo says as they come back to work they are being funneled wherever they might be needed and volunteers are are also heading to florida to help. lauren mayk, nbc 10 news. for the first time since irma, airports are finally reopening athe state of florida. you can see from the interactive radar planes full of people are flying high above the state now that irma has dissipated. the first flights arrived this afternoon. passengers say they were clapping and cheering when the flight took off after days after cancellations and being stranded in florida. those on board could not hold back their excitement. she's glad the nerve racking

situation is now over. >> communication was the issue. ween couldn't get a flight. ween couldn't communicate with the flight. we couldn't find out if there really was a flight. >> most of the. airports in florida are now back open on a limited basis with their regular schedules starting tomorrow. two different kinds of flight here, a flying ant invasion. it swarmed center city and south jersey last night. these swarms forced many to run to their cars and forget about dining outside. this is what they looked like under a microscope. they collected samples from the logan fountain after hundreds lit up social media saying they were under attack. >> this was really weird that it came out like the same day everywhere around here. last night was probably the peak and probably going to taper from the there. >> the swarms colonize during

warm days and chilly nights or also after heavy rains. and speaking of, turning to our weather. it was a beautiful afternoon to get outside and play tennis. or some basketball. like these people in allen lane park. >> let's head over to. cape may. a little cooler there with temperatures reaching the high 70s. meteorologist glenn "hurricane" schwartz is joining us now. we can expect some rainy weather in our forecast thanks to what's left of irma. >> it's all spread out so far now that it's not concentrated like it was. so no one place is going to get rain to cause flooding. we have high clouds across parts of the area now. a little less in our pennsylvania counties than in our delaware counties. especially southern delaware where it's been cloudy all day and even cooler. 78 at philly international. 78 in society hill. 80 degrees in port richmond. only 71 in chestnut hill.

that is the cool spot as it often is in the city of philadelphi philadelphia. ic see the clouds thickening up. these echoes not reaching the ground yet, but it's an indication of increased moisture. and there's increased moisture in virginia and north carolina. you don't see heavy rain or thunderstorms or big concentration. the biggest concentration of moisture is all the way down to louisiana. it looks like it's trying to go back to the gulf of mexico. but the system itself is pretty much died out. here we go through the night tonight, the clouds are here. and by morning there could be some showers. especially in delaware. and the later on you go in the morning, the increased threat of showers generally scattered around. and then tomorrow night it dice out again as the sun goes down. these are enhanced by the

heating of the day. on thursday another round. maybe some in the morning. butt big increase is in the afternoon. could even see some thunderstorms then as you can see into thursday evening. that's the most active period that we expect. and then on friday, maybe a couple other showers. by the time we get to the weekend, we're interested in the kansas city weather. and that's what we're going to be seeing temperatures into the 80s and pretty decent weather for the eagles on sunday afternoon. this is jose way out in the atlantic. and it is certainly not dying down. but the computer model, this is the european model that nailed the last two big. storms. so let's see what it's saying today. by thursday it's still way out there. by saturday it's still out in the atlantic. and fshtly it's still keeping it far offshore and that makes

everybody feel better. >> helping victims of hurricane harvey and irma. tonight dozens of stars including beyonce and justin timberlake will perform in the hand to hand telethon. the it will broadcast here on nbc 10 from 8:00 to 9:00 p.m. proceeds will benefit a number of charities including habitat for humanity and the united way. >> i'm john clark. coming up in sports, the eagles sign a newç kicker and jim schwartz responds to a report that he was after his head coach's job. stay tuned for that. i make it easy to save $600 on car insurance,

so being cool comes naturally. hmm. i can't decide if this place is swag or bling.

it's pretzels. word. ladies, you know when you switch, you get my bomb-diggity discounts automatically. ♪ no duh, right? [ chuckles ] sir, you forgot -- keep it. you're gonna need it when i make it precipitate. what, what? what?

i'm john clark with your sports. the eagles have signed a new kicker. jake elliot comes from the bengals practice squad. he kicked at memphis. they had to do this because stur jis is going to miss a month or two. take a look at doug peterson. the philadelphia inquirer reported that jim schwartz may be trying to u serp the power of doug peterson. today jim schwartz refuted that and says he has the jut most respect for doug. >> i am very comfortable with my relationship with doug pedderson. i know he's comfortable in miz relationship with me. if anybody misunderstands or misinterprets any actions, just know this. coach is aware of everything

that i do way he outlined it for me. >> on sunday doug goes back to kansas city. he's going to face his old boss and mentor andy reid. andy reid is 8-3 when he faces his former assistants. take a look. doug started as a quarterback under andy reid in his first year here at the eagles. then doug came back to be. an assistant coach. he was the offensive coordinator and they both talk about facing each other for the first time. >> i didn't think of him as an ex-player, but he's kind of moved on and now he's coach. >> it will be fun to see him over there. red on the other side. >> i have a lot of respect for him. i think he's doing a nice job there. >> i know he wants to kick my tail and kick his. >> once you start the game. >> once we tee it up and kick it off, it's all about the business and all about the game.

>> they sound like. >> blitz came of the week. here are your choices on the screen. go to the nbc 10 app or call the number on the skraen to vote. we are in pine hill, new jersey, at the youth hockey foundation. they are raising money for kids in the inner city. take a look at the fliers out on the golf course. wayne simmons and a bunch of fliers are here. we have a chance to catch up with the new goalie e replacing steve mason. he's a former all-star and tells us why he came to the team. >> you want to play as many games as you can and i thought there would be a good opportunity here. know a few of the guys and know how good this team can be. the potential is there. i'd like to add myself to that equation and i haven't missed a playoff in six yaerz. i'd like to keep doing that.

>> all the veterans have to report for the first fliers camp practice on friday. i'm john clark. we're right back. sfx: t-mobile mnemonic sfx: t-mobile mnemonic sfx: t-mobile mnemonic t-mobile's unlimited now includes netflix on us. that's right, netflix on us. get four unlimited lines for just forty bucks each. taxes and fees included. and now, netflix included.

so go ahead, binge on us. another reason why t-mobile is america's best unlimited network. sfx: t-mobile mnemonic

a sign that halloween wasn't far away. crews hoisted two gargoyles to the top of eastern state penitentiary in fairmont. the arrival of frank and carson marks the arrival of terror behind the walls. it opens september 22nd. a scary good time. >> those are faces only a mother would love. >> the forecast is not really scary. we have rain drops in there, but it's more like in the chance ç category. especially for wednesday. thursday it's the most likely. especially in the afternoon and evening. there is a chance of some showers by friday night's temple game. but as we head toward the later weekend, it gets nicer and ni r

nicer. >> we'll look forward to that. thank you for watching. >> up next is "nbc nightly news." we'll see you back here tonight at 11:00. tonight misery in paradise from the keys to the caribbean, warships and cruise ships aiding in massive emergency operation for islands left devastated by irma. and across florida 15 million people left powerless, could be knocked out for month. growing outrage, security breach hitting nearly half the u.s. population. urged to take protective action. hormone replacement. why researchers say it's option you might want to consider. about face, unlock your phone just by looking at it.