5:00. jc: breaking news at 5:00 -- the transportation department now banning all samsung galaxy note 7 phones from airplanes. the order goes into effect tomorrow at noon. what that means is a passenger will not be allowed to have one on your person, in carry-on luggage or in checked bags on flights to, from, or within the states. samsung recently discontinued production of the smartphones after several original phones and their replacem c they really want you to turn these phones in and stop using them. jc: we also have breaking news out of arlington where a woman was rescued from a pond after backing her suv into the water. ben: the dramatic scene caught on camera. newscenter 5's john atwater is live in arlington. john? john: divers are trying to pull the car from the water right now. her car was out on the circle

into the water. thankfully it was a nice day. there were a lot of people and those people jumped in to help. >> i lost her. i lost her. john: some panic when that car goes down. then the driver pops up in the chilly water. moments before get the woman. the car quickly sinks. then somehow the woman swims out to the relief of her rescuers. >> it is a date to be thankful. we appreciate the citizens who helped to this woman.

was taken to the hospital with mild hypothermia. they are still working to get that car out of the water here. john atwater. wcvb newscenter 5. ben: john, thank you. tita people appear in court after a horrifying crime. jc: nicholas yvonne is live in orange tonight. nicole? nicole: according to investigators, the suspects tortured this older couple for more than two hours, all for the car in the driveway. they appeared behind glass, the remic quick and pointed. what joshua hart and brittney smith are accused of detailed and disturbing. >> it was a brutal, heinous crime.

95-year-old who hiked mountains and still worked everyday. his 77-year-old wife joanna fisher watching tv last week in their orange him when police say , they were savagely tax. why? because of the car that sat in their driveway. >> this plan was devised to allow them to escape and start a new life. nicole: prosecutors say hart and smith were trying to avoid going to jail. they wanted a car without a tracking system. >> they armed themselves before they nicole: 14 of hours, -- for torturing the elderly couple two hours, killing mr. hardy. ,>> mr. hardy was stabbed and suffocated. ms. fisher was left for dead. nicole: when the couple left fisher, who is wheelchair bound, tried to call for help but they disabled the phones. so she waited, with stab wounds, until the morning when help arrived. >> for such a fine man they murder -- especially for the

it just makes me sick. nicole: smith and hart both being held without bail. nicholas tavon, live in orange, wcvb newscenter 5. jc: the two boston police officers shot and critically injured underwent more surgery today. the suspect was killed in the shootout. police continue to search his home to learn more newscenter 5's david bienick is live in david? east boston tonight. david? you can see the house. the street in front of the house is still closed, but expected to reopen sometime this evening. and a vigil for the wounded officers is expected to get underway in about an hour. investigators removed at least eight evidence bags from the shooting scene including one containing what appeared to be a large, hard-side rifle case.

and horrific. david: district attorney dan conley says investigators should be able to learn a lot about what happened here wednesday night when 33-year-old kirk figueroa allegedly shot officer richard cintolo and officer matt morris, severely wounding both. >> was better, with casings, shell fragments, you name it will be collected and analyzed. david police say the incident : started as a fight between figuero and a roommate over the thermostat setting. but they're still not sure why fioa nor why he opened fire soon after officers showed up. >> why he did this is a big question. david: figueroa was killed in the shootout. on a website, he described himself as a former corrections officer, a member of the army reserve and a boston constable. , constables are authorized to serve warrants and other legal documents. they undergo limited background checks. >> you get a little concerned,

background checks -- you are mixing a trouble situation in the war and with the person handing out the warrant -- at some point, we have to take a look at it. david: newscenter 5 has confirmed the names all of the two officers who apply to turning get to the leg of one of the wounded officers. sergeant perez and sergeant singletary, and they are credited with saving the life of the fellow officers. ben: right, david, thank you. spectacular evening out there. mid 50's. it's getting at heck of a lot chillier. harvey, the growing season just about over? harvey: for most of us. there are some places on the coast that may survive this. but this is the type of situation where the skies are so clear.

this is logan airport. cluster frosty levels. but i think immediately outside the city, it will get to freezing or below. we do have a freeze warning in effect just to the west of the city and now a frost advisory along the coast for tonight. we will let you know about the ref ben: all right, harvey. commitment 2016: more women have come forward claiming unwanted sexual contact from republican presidential nominee donald trump. trump denies it happened. newscenter 5's nichole berlie following developments on the campaign trail, nichole? reporter: donald trump is taking a defiant stance on the campaign trail, while hillary clinton is letting her surrogates do the heavy lifting today, while she stopped by the ellen show. with 3 and a half weeks till election day, it's no holds barred when it comes to the campaign trail.

made up, they never happened. they never would happen. nichole: donald trump lashing out today at a rally in north carolina. denying accusations of sexual assault. mr. trump: it's a total set up. now suddenly after many many years phony accusers come out less than a month before one of the most important elections in the history of our country. ch former president bill clinton addressed the accusations head on. mr. clinton: we're getting down to the end of this election and sometimes i don't know whether i'm in the real world or an alternative universe. nichole: but protestors did interrupt clinton's speech calling him a rapist. mr. clinton had a very bad week. :-- they've had a very bad week. so they are doing the best they can. nichole: and hillary clinton sat

only scheduled appearance for the day. i don't want anybody to think ms. clinton this election's : over. we've got to work really hard for the next 3 and a half weeks because who knows? nichole: trump and his wife are both threatening legal action against news agencies for the reports of sexual assault, while fresh polls show he's trailing clinton nationally, and in several battleground states. jc? jc: let's check some new polling in the battleground states crucial to winning the election. we are using percentages provided by real clear politics an average of several major polls done in each state through october 12. we start in new hampshire and its 4 electoral votes donald trump picking up a point, but still trailing hillary clinton by nearly four points. to ohio 18 electoral votes and lots of campaign activity there today. hillary clinton's lead about 2 points, but that's down a half point over the past few days. checking on north carolina and its 15 electoral votes. clinton's lead there up slightly to nearly 3 points over her

and we end in virginia. we have 13 electoral votes on the line. trump picking up more than a point on clinton but still trailing by nearly 7 points. the candidates are gearing up for their final debate before the presidential election. that's wednesday in las vegas. our own emily riemer will be there with pre and post debate coverage right here on newscenter 5. ben: new at 5:00 the vermont man , accused of crashing his car into 5 teenagers, killing all of them has now been charged. police say steven bourgoin was driving the wrong way on i-89 last weekend bef tonight we are learning more about what was going on in his life before the fatal crash happened. according to court documents, -- appearing barely conscious,

accused of slamming into a car with five teams. while officers were trying to put out the flames from the first crash, officials say he stole a police car, got into another accident, crashing into at least seven other vehicles. he now faces a slew of other charges, including five counts of secondary murder. during the hearing, the defense asked for a competency hearing. the teens have hit the community heart. the families were presented flowers and signed soccer balls. they were asked to huddle together. >> in a huddle, you take a risk. you sacrifice part of yourself to be part of something bigger than you. ben: the coach adding that in a huddle, someone always has your back. they all 100 walked onto the

bourgoin was facing foreclosure on his home, legal proceedings for domestic issues and a custody dispute. hours before the crash he had visited an emergency room specializing in crisis and counseling services, but was not screened. tonight bourgoin is being held without bail, pending the results of a competency evaluation. jc: swampscott releasing this surveillance video, hoping they you can help them to defy this ma relation to a series of suspicious cars. a reward of up to $5,000 is offered for the arrest. ben: patriots nation counting down to sunday and what could be one of the loudest home games in the history of gillette stadium. jc: why would that be? we know. homecoming day for tom brady. his return to gillette.

joins us to talk about all of the hype from tom's return? josh: it is not hype. he will be throwing darts against the mid-level defense of the bangles. the patriots beat the chiefs in the playoffs. it's going to be loud says the guy who protected brady's blind side for 11 years. i think it is going to get more amps in front of here and the home crowds. when people get fired up, it is as tough a place to play as anywhere. josh: also gronk did not show up for practice. josh brogadir, sportscenter 5.

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>> you are watching newscenter 5 at 5:00. ben: thousands of mourners lining the streets of bangkok, thailand today. political leaders there, taking part in a funeral ceremony for king bhumibol. the monarch died in a hospital yesterday, at the age of 88. he was considered a unifying force in a country that was

mourning. a fresh wave of airstrikes in syria's divided city of aleppo. government forces loyal to dictator bashir assad, along with russian bombers, hit the section of aleppo controlled by rebels. there is hardly anything left at this point. a british human rights group says this strike and previous ones have killed dozens this week. an opposition leader says food and medical supplies in aleppo are quickly running out. jc: and cleanup underway in bermuda after hurricane nicole tore through the island. the storm was a category 3 when it battered the ea rain and wind. thousands are still without power but the island government says damage was minimal. take a look at this, an amazing view of nicole from the international space station as it passed over bermuda. an astronaut recorded the video thursday. the space station was in orbit 252 miles above the earth at the time. what a cool shot. love those pictures. really gives you an idea of the expanse of the storm. harvey: and we can see where it is now. the storm is well past bermuda.

the open waters of the atlantic. that's pretty good. jc: you mentioned how well the buildings did. harvey: they do really well with construction there. i think it helped out immensely. all right, let's talk about our own local weather. a beautiful sunset. look at that. it is exquisite. we have had our share of beautiful skies this early fall. 55 degre the wind is light. still a few degrees above to the north and west, but this is the type of situation where, once the storm -- sun goes down, the temperature drops like a rock. it will get cold. a few spots along the coast and the cape, but even parts of the cape will likely have a frost tonight. there is where we will get down

you see places like nashua, all below freezing with a heavy frost early tomorrow morning. we have a freeze warning in effect. and a frost advisory along the shoreline. logan airport will not get down to frosty will levels. the city will get close. brookline will probably be frosty. a.m. until 9 a.m. tomorrow. a respectable bounce back after that frosty start. we will be in the upper 50's and low 60's in the afternoon. a light sea breeze, a beautiful day. it's going to be about 10 degrees warmer on sunday. our error has been coming from the great lakes and southern canada.

from cincinnati to st. louis, and that is where i expect we will be in the temperature department sunday. high pressure over us tonight and tomorrow and when it moves away, we get into that southwest wind on sunday. we might get a shower sunday night or morning. does not look like a whole lot of rain. right now, that system is far out to the west. it does not look like it will be the type of system that will ns beautiful, beautiful weekend. sunday, the milder of the two days if you are lucky enough to be headed to foxborough for tailgating in the game -- the weather looks great. game time, 10 to 15 mile an hour winds. maybe a spotty shower tuesday. tuesday looks extremely mild.

wednesday as well. those temperatures are way above average for next week. i would say the accent on the warmth will be tuesday, possibly when day -- wednesday as well. ben? ben: remember this? we will have to jog your memory. the pregnant manatee rescued off the coast. [laughter] ben: she's going south, to see world orlando. the slow moving marine mammal has spent the last few weeks getting nursed back to health at connecticut's mystic aquarium. she'll get some more rehab at sea world. -- they were concerned because the water is turning colder. they need warm water. jc: and she is a mom. we will keep you posted. all right, next on newscenter 5 at 5:00 -- the judge who threw

tonight he's saying why he did it. ben: frightening moments caught on camera. the diver who manged to escape after a shark broke into the cage. and new at 6:00 -- a scare on the water. a cruise ship scraping the underside of a bridge. great price on this boneless chicken! yeahno bones about it.es. [ laughter ] thousands of blue tags. thousands of low prices.

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this price is so low. me eat my greens? no, just trying to save you some green. whaaat?! thousands of blue tags. thousands of low prices. my stop & shop. ben: now at 5:00 -- a courtroom

jc: a michigan judge leaps into action off the bench to help restrain an unruly defendant. tonight he's talking about why he did it. a courtroom scuffle caught on camera. officers get unexpected help from -- of all people -- the judge. >> put your hands behind your neck. jc: the defendant in this michigan courtroom accused of violating a personal protection order, putting up a fight >> fairly that did not hit you loud and clear. you and your lawyer our buddy -buddy. 45 days county jail. 93 days in the county jail. you want to go for a year? one more word out of you and it will be a year. you will go to jail for 365 days, county jail.

gets up and touch mcbain takes off his robe to help the officers get the defendant under control. he is known for his tough words. >> i hope you die in prison as well. jc: he says he has no regrets. >> i hope almost any judge would say, hey, my court officer is in trouble, i'm going to do what i can. jc: the cef the power to take whatever action is necessary to maintain order in the courtroom." i think it was taking the robe off that was the real drama. running into action. ben: yeah. newscenter 5 at 5:30 p.m. -- changes coming to your passport. jc: the item that will soon be banned from the photo. and in your health, fitness trackers. the popularity growing, but do they accurately track your heartbeat? the new research that could

imagine if your child were trapped in a failing school. imagine if your child couldn't read or write at grade level. imagine if your child were stuck on a waiting list. 32,000 kids want to go to a public charter school. but they can't. if you like your public school, question 2 won't affect you. but for kids stuck in failing school districts, question 2 will let parents choose something better and give all our kids hope.

>> boston fails in the -- from boston from news leader, this is wcvb newscenter 5 at 5:30 p.m. ben: we're following several breaking news. beginning tomorrow, the department of transportation has smartphones. if you do attempt to fly with the note 7, you will have the phone confiscated, and face possible fines. samsung first recalled, then discontinued the smartphone after numerous fires. jc: a connecticut judge has just dismissed a lawsuit by newtown families against the maker of the rifle used in the sandy hook elementary school shootings. adam lanza used an ar-15-style rifle made by remington to kill 20 children and six adults at the school.