it happened on wokallah street in roxbury nearly five years ago. boston police stopped and arrested a man named jimmy warren while looking for a break-in suspect, based on a vague description. >> in a black man in roxbury -- that was the description. david the break-in had happened : thirty minutes early nearly a mile away on hutchings street. when police initially spotted warren, he ran, officers chased after him, and eventually charged him with illegal gun possession. supreme judicial council unanimously ruled running from police does not make someone a suspect, saying "it was simply not possible for the police reasonably and rationally to target the defendant or any other black male wearing dark clothing as a suspect." >> it isn't necessarily indicative of consciousness of guilt. it could very well be that they are trying to avoid the

: the court cited an aclu study that showed while black people make up only 25% of the boston population they account for 63% of police encounters. late today, police commissioner william evans said his officers don't target people, but rather criminal hot-spots. evans said the justices should have taken that into account. >> i am a little disappointed that they rely heavily on the report that didn't take into context who was stopped and : any other cases likely to be overturned by today's ruling. but the high court urged judges to take into account racial profiling when deciding in future cases if police are out of bounds. live in boston, david bienick, wcvb newscenter 5. ed: now to an off-duty boston police officer's altercation with a pedestrian. the commissioner saying a thorough investigation proves the officer did not use

live with more, including reaction from that pedestrian. john: cellphone video of what happened this spring went viral but today police say a new camera angle really shows a different story. the father of the man suspected in the weekend bombings in new -- john: the commissioner says there was no victim or excessive force. this officer pinned a 64-year-old to the ground after he hit his window with an umbrella as he was walking off an intersection. >> his head was not slammed to the ground. there were plenty of people to back it up. john: police showed video of him running and tripping. the off-duty officer then follows.

>> he's older and he was getting chased, and was running because a person was chasing him, fell because a person was chasing him, injured because a person was chasing him. john: but police say he thought his window had been broken and chased the man to arrest him. he was later released when they walked back inside had only been smudged. >> do any of us feel we should be chased? to any of us feel that someone should jump on top of us? live in? john: the commissioner says there are minor things that officer could have done differently. he was not pulled off the streets during the internal investigation. john atwater, wcvb newscenter 5. heather: the father of the man suspected in the weekend bombings in new york and new jersey called the fbi in 2014 to say his son was a terrorist but later retracted it. this, as investigators continue to search for a motive in the attacks newscenter 5's shaun chaiyabhat

and did authorities also suspect he might be a terrorist? ahmad rahami's own father feared his son was involved with bad people. the fbi now confirming agents first became aware of rahami in 2014. >> why did you call the fbi 2 years ago-what happened? >> because he was doing bad he stabbed my son, he hit my wife, and i put him to jail 2 years ago. shaun: his father late the lone suspect accused in both the new york and new jersey explosions is not cooperating. but investigators now scouring the journal investigators found on rahami after his shootout with police. the fbi now saying, that journal made to references to the boston marathon bombing. but there were mentions of al qaeda cleric anwar al awlaki, tied to previous terror attacks. officials now also digging into where naturalized citizen traveled. he went to pakistan and

and family and the fbi concluded there was no evidence of radicalization. still no motive, and rahami remains the lone suspect. both officers injured in that shootout are now recovering at home. shaun chaiyabhat, wcvb newscenter 5. ed: a massive response in worcester preparing for a mass casualty situation. you may have seen it this was the drill today. bloody patients wheeled out on stretchers. crews pretended an active shooter targeted the dcu center downtown. more than 100 actors played victims. but hundreds of real-life first responders practiced saving lives. those victims were rushed to each hospital in the city to test medical teams. the drill was put on by the central mass. regional homeland security council. ocverall officials say it was a success. heather: commitment 2016. hillary clinton off the campaign trail today. she's spending time huddling with her team, preparing for

debate with donald trump. clinton did hold a conference call with national security advisers to discuss the attacks in new york, new jersey, and minnesota. ed: tomorrow, trump will be in ohio an important battleground state. clinton will be in another -- >> she represents everyone responsible for the decades long squeezing of the middle class in this country. it has been treated so unfairly as other countries like mexico and plenty of others. ed: tomorrow, trump will be in ohio an important battleground state. clinton will be in another battleground state, florida. kathleen kennedy townsend today confirmed president george h.w. bush, bush 41, told her he'll be voting for hillary clinton this november. new at 6:00, janet wu spoke to kennedy who wasn't surprised by the news. janet: it all started with this post by kathleen kennedy

today, the former maryland lt. governor and daughter of robert f. kennedy confirmed it while attending an announcement that the us navy will be naming a ship after her father. >> he told me was voting for hillary clinton. >> and what else did he say? he was disturbed about the republican nominee. janet: townsend said she was attending a board meeting at walker's point in maine when the former president offered the information. neither he nor his sons attended the republican convention this summer and have made it clear they are outraged ru but there was no confirmation until now that they will cross the political aisle and actually vote for the democratic candidate, hillary clinton. townsend's brother said the message to other republicans and undecided voters is clear. >> i hope it sends them the signal that the fact they may not like hillary clinton and a lot of them don't, that this isn't about whether or not you like someone, this is about

proper way for the country to be led. janet: a spokesman for the former president would not confirm the conversation with townsend, saying the 92-year-old bush will cast his vote as a private citizen and that it will be remain private. but kennedy had second thoughts about keeping a private thought private. >> your father ran for president what do you think he would think of this election? >> yeah we got to get going. i don't think he would have been pleased. janet: a spokesman for former presid making a public endorsement. but several members of his administration have announced they'll be voting for clinton, most notably, former treasury secretary henry paulson. janet wu, wcvb newscenter 5. ed: salem is known for witches but with the city embrace the satanic temple, which is moving its international headquarters there? heather: a deadly confrontation between police and a casino patron at foxwoods what police are saying about the

mike: a couple days left of summer, check it out across the middle of the country. just a couple days until the patriots play but this could be the guy taking them on thursday night -- what you need to know,

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several hours today after this happened. that excavator, slipping into a ditch while its operator was doing road work. our partners at the metrowest daily news say the operator was not injured. ed: the massachusetts coast guard is searching for someone lost up the coast of rhode island. the coast guard said tuesday the search for 54-year-old linda carman and her son, 22-year-old nathan carman, had shifted to an approximately 11,000-square-mile area about 115 miles south of montauk, new york.

offshore fishing trip near block island, about 13 miles south of mainland rhode island. heather: new at 6:00, seven more criminal cases either totally or partially dismissed in that braintree police evidence room scandal first reported by 5 investigates. that's according to the norfolk district attorney's office. that's brings the total of affected cases to 22. a scathing audit found missing and mishandled evidence. ed: muggy today but cooler temps are on the way. heather: how low they could go this weekend. plus, police, searching for the owner of two dogs abandoned in a

ed: right now, an investigation is underway into a deadly confrontation at foxwoods resort casino. an armed casino patron was confronted by tribal police in a parking garage. shots were fired, and that person is now dead. connecticut state police say there was an outstanding arrest warrant for the patron. heather: a city known for witches is about to become the new home of the satanic temple. the satanic temple is a nationally recognized political and religious group. its new command center will open on friday, in a former funeral home around the corner from an elementary school. the news has some residents feeling unsettled. >> i think it's going to bring a lot of controversy. they fenced up the whole place, sort of some security camera devices, i think they're afraid somebody retaliate against them or something. heather: the group stressed that members won't be affecting neighbors' lives in any way. salem officials say they are working to better understand the

found tied to a tree in the arnold arboretum. newscenter 5's rhondella richardson is there live with more including the injury one of the dogs suffered. rhondella: when it is being carried to protect the paul. these pictures have gotten more than 400 shares on their facebook page -- people are calling for adoption, but hold on. animal control doesn't know the circumstances and they have no clue why they were abandoned. these dog may be missing home. park rangers dropped the dogs off the roslindale animal shelter after passersby found them saturday tied to a tree for hours in the arnold arboretum. >> if you're in a situation where you temporarily or permanently can't care for your animal reach out to us. rhondella: kennel staff now need the public's help finding their owner. >> i don't think our goal isn't

, were they lost there could be , any number of outcomes that they were tied up to the tree. rhondella: kennel staff named this dog shellie. she and the other dog staffers named, shelby both area a pit bull mix between 4- and six years old. they are healthy shellie just has an injured paw. >> she had abrasions on her pads that would be consistent with scalding from hot pavement. rhondella: if they can't be reunited with their owner they could be transferred to the animal rescue league or the mspca for, adoption. >> they body language is friendly they enjoy people and each other, they like other dogs. each other, they like otherrhone blanket being carried to keep off the pause, she likes it. they get along so well and it is assumed they live together.

newscenter 5. ed: we saw the other one limping, too. heather: it's that black asphalt and we have had plenty of, hot days. that's a real concern when you walk your pet. harvey: it really is. that asphalt can get hot. this is interesting. we will have another beautiful, beautiful sunset coming up, a clearing coming in from the north and west. it's already looking pretty nice. 70 degrees at logan airport, buddy will only have to go back a couple miles from the water to jump to 80 degrees. generally 70's on the cape, 80 degrees in willamette. we have muggy air along the coast and especially across the cape, but we have drier air to

wind to push the dryer down the cape tonight that during the day tomorrow when the breeze picks up, the dry air will get all the way down to the cape and islands. you will see that as you project out late morning and afternoon tomorrow. even though the air temperature will be pretty warm. clear skies to the north and clouds off to the south, slowly but surely they will make progress. whre retarding its motion is the blog of moisture there and the edge of the clouds in our region. but this chunk of clear skies, wow. tonight, 60's, but work your way to the north and west where the air is drier and it will get down there. it all these 80's across the

, all of us having a beautiful day, and that stays on thursday right back to the 80's. the patriots are playing at 8:25 p.m. and it should be around 69 degrees with the temperatures falling through the 60's. a couple storms to follow, a tropical storm that will probably become a hurran the newest storm as well out to the atlantic and doesn't look to the a threat. fall is beginning thursday, but it is beginning on a very warm day. but the change will be coming. the jet stream will make a flip, and when that happens late in the week, friday is the transition day. it will still be warm, and then a shower or thunderstorm should share in cooler air for the

sunday and monday could be close to frosty levels. the weekend does look nice overall, much more in keeping with the time of year we will officially be. >> now, here's mike lynch, with sportscenter 5, powered by xfinity. mike: will he or won't he play. this afternoon's injury report lists jimmy garoppolo as a limited participant in practice. josh brogadier has been in foxboro all day he joins us live was garoppolo on the field allowed in? josh: he wasn't well we were out there, so the question is lingering -- we still do not know if jimmy garoppolo will play. we didn't see her that practice. he was not in the locker room. >> will you expect to that

josh: we did not see him in the 15 minutes we were on the practice field as players began stretching. so will he play just five days after he was held off the field sunday? >> i am a football coach, not a doctor. i coach the team, medical people handle the injuries. they don't call plays, i don't do surgery. decide what is best it might be to rest behind the starter -- what's best for the coaching the team might be to put him back on the field following his three touchdown performance against miami. >> that game is in the past now. josh: not to take anything away from the game management, when

armstrong watched him play in raleigh. >> i don't think he is the type to be overwhelmed -- you will just go out there. whatever they tell him to do it think you'll see him followthrough. >> he has done a good job for us. he has improved steadily. josh: we don't know who will start and play and belichick said that bringing in another quarterback has been done before. mike: rob gronkowski was in practice with pads and everyone else came without. he was ordered to take them off. [laughter]

>> just doing everything i can read now to be as healthy as i can be. basically just day by day right now, one day at a time. i am feeling better every day. that's all i can ask for. obviously you don't just wake up 100%, but i am satisfiit pads. [laughter] maria: new tonight at 7:00 we

especially the candidate's different views on dealing with terrorism. then you 11:00, -- then it new at 11:00, what's getting some attention. can anything be done about this?

is coming. and we are playing great baseball. mike: sox back in baltimore this evening. ed: and you are giving us such

tonight, breaking news. new surveillance of the bombing suspect, pulling a suitcase, carrying a backpack. authorities say, about to place the bombs in new york city and new jersey. and tonight here, we have now learned, the fbi is questioning someone else. his wife. because was he acting alone? and what his own father said ou also developing, the outrage tonight. the father of four, his suv breaks down, then shot dead by police. tonight, for the first time, the officer's defense. the deadly plane crash. the spy plane crashing down over america. flash point. the syrian refugees coming to the u.s. our year-long investigation. and tonight, donald trump's son comparing refugees to poisonous skittles, asking, would you take the chance?