>> 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.

from most lawsuits over criminal use of their products. ben: we have breaking details about a 3-car crash on american legion highway in hyde park. we've learned that one person has died in the collision. sky 5 flew over the scene this afternoon. boston police still in the early stages of the investigation. jc: dramatic video out of arlington where a woman was rescued from a pond after backing her car into the water. bystanders jumping in to save the car plunging underwater at her spy pond. ben: incredible. jc: and it is a chilly day and going to be a cold one tonight. ben: yeah, are we ready for it, harvey. harvey: i'm sure we are. 61 in providence. but now as we get close to sunday and the winds are like, the skies are clear, the air is so dry, the temperature will start following, especially in

freeze the levels -- freezing levels. areas near cape cod probably will not get that freeze or frost. many other areas will be freezing or below, so definitely protect the plants. we will let you know how quickly we recover in a few minutes. ben: please be quickly. think you,ve worcester man accused of spiking a woman's drink changes his plea to guilty. jc: tonight the victim in the case is sharing her story. she spoke with newscenter 5's mary saladna earlier today. >> i'm here because i know there are other women like me who could not speak up. mary megan winslow says she did : it for women everywhere, and her own 2 daughters. the worcester mom fought back tears as she descrdibed the -- as she described the night 2 years ago when a trusted friend

>> nobody can tommy what he put in my drink. i do know what it did to me. it cost me to blackout and eventually stop breathing. mary both winlsow and her : husband ryan were at the pto fundraiser with daniel szklarz. at one point the winslows stepped away from the bar to use the restroom. that is when surveillance video shows szklarz dropping what prosecutors believe was a date rape drug into megan's drink. szklarz offered to drive the couple home. they declined. later that night, ryan had to rush his wife to the hospital. szklarz, a divorced father of 3, pleaded guilty today, and asked the judge for leniency. just but he does have are more spring what he did. i would tell you, judge, he apologizes profusely because there is no excuse for what he has done. mary: prosecutors asked for the maximum to half years behind bars but the judge imposed the , minimum sentence, 1 year

on him and he basically got away with the crime by admitting guilt. mary saladna, wcvb newscenter 5. ben: the words internet and intranet form the basis of an appeal filed by owen labrie. labrie was convicted last year of several charges, including using a computer to lure a st. paul's school classmate into a sexual encounter. his defense says labrie contacted chessy prout on a closed, school email system, or intranet, that is not covered under the state's internet law regarding computer-related crime. labrie is out on bail while he appeals his conviction. jc: a warning to those enrolled in the massachusetts health connector board members are expecting confusion during next month's open enrollment. they say it's due to premium hikes and changes in eligibility. they're warning more than 230,000 members to check their status and to shop around for better premium options. the board also says the connector placed thousands of people on masshealth in 2013

the worcester regional airport is set to receive more than 7 million dollars from the government to aid in taxi-way construction. the money will also be used to grow the facility and increase its capacity. the funds follow two other multi million dollar grants from the faa. the latest grant was awarded by the u.s. department of transportation. ben: all right, cuban cigars -- they have been contraband in the u.s. for years. but now, lifting restrictions on goods from cuba. jc: announced is being eliminated. successful surgery -- twins born conjoined at the head separated. the long road ahead for the little boys.

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or fill a big order or expand your office and take on whatever comes next. find out how american express cards and services can help prepare you for growth at open.com. >> you are watching newscenter 5 at 5:30. jc: an horrific accident in new york, a six-week-old baby is dead after the stroller she was in dropped eight stories into an empty elevator shaft. police say the mother and infant were on the 23rd floor of a brooklyn apartment building waiting to take the elevator down. when the doors opened, the woman stepped forward and both she and

down the shaft and landed on the elevator car. the mother was hospitalized with non-life threatening injuries. jc: a rare and complicated operation to separate twin brothers conjoined at the head is a success. 13-month old anais and jadon mcdonald from illinois are now living apart for the first time. surgery started yesterday morning at montefiore medical center in the bronx, and ended this afternoon, more than 27 hours later. e it was hard to believe the day was here. >> it's just not real. it's really not even real. to me, it's like another surgery from before. what's waiting in my stomach is for that phone call, ok, we're into -- i call it the land of the unknown. jc: doctors say there is still a possibility of neurological issues. both boys are recovering in a pediatric intensive care unit. they the 59th pair to ever undergo this kind of surgery.

renew your passport. the state department is banning passport and visa applicants from wearing eyeglasses in photos. the idea is to eliminate glares and shadows that can cause delays in processing the documents and to ensure consistent photo standards. a record 20 million passports are expected to be processed this year. this new practice goes into effect november 1. all right if you're traveling to , cuba the shopping just got a , lot better. the bringing in cuban rum and cigars. people will be able to bring back as many as 100 cigars and several bottles of rum. high-end cuban cigars can sell for more than $100 apiece state side. the previous limit restricted travelers to a combined value of $100 in rum and cigars. the changes are meant to ease u.s. trade with cuba. jc: still to come tonight -- a situation one hopes to never be

inside. how that diver escaped with his life. harvey? harvey: you know, we will is get most of this weekend with pretty nice weather, but we will not escape a frost or freeze in many areas tonight. areas tonight. great price on this boneless chicken! yeahno bones about it.es. [ laughter ] thousands of blue tags. thousands of low prices.

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: a man shot and killed by a

sparked protests across the city, erupting into violence. marci gonzalez tells us tonight the investigation into what happened continues. reporter: family and friends gathered here in south carolina, saying a final farewell to keith lamonte's got -- keith, lamont scott. >> we say goodbye. reporter: police say he had a loaded gun he refused to drop, his family insisting >> he doesn't have a gun. he has a tbi. he is not going to do anything to you guys. >> up the gun! reporter: his death sparking violent protest. scott's wife insisting race was the main factor in his death. a black officer fired the shots. independent autopsy raises

was standing and whether a white officer may have instead pulled the trigger. >> come on. racism in america is real. >> my on is amazing. he is a free spirited man and he embodied that. reporter: the medical examiner's autopsy reports has not been until then, observance it remains unpaid administrative leave. marci gonzalez, wcvb newscenter 5. jc: nearly 50 members of congress want to know why the obama administration asked yahoo to scan all of its users' incoming email last year. a recent report said intelligence officials secretly had yahoo implement a massive surveillance program to check emails. the stated goal was to stop child pornography. hp is cutting jobs again, the

to 4000 more jobs worldwide over the next 3 years. that's on top of the thousands it had already said it would cut. hp is facing declining demands for its computers and printers. execs say trimming some of its 50,000 workers will help remedy that and reduce costs for consumers. ben: retail sales were up last month, but economists say that spending might be slowing down. the commerce department says september sales were up point-6% -- just .6% from august. economists say some of the bump is due to rising gas prices, not an increase in spending. . a shark breaks his way into a diver's cage. jc: i can't even imagine. the diver? inside at the time. take a look. the great white was biting at chunks of bait when it got stuck in the cage and lunged to get out. the diver managed to get outside of the cage when the shark entered and swam to the surface uninjured as the great white took off. the crew says they're lucky this wasn't a tragic adventure.

take part in that -- jc: it is like bungee jumping. it's not on the list. harvey: i'm with you guys on that. ben: yeah. i'm ok for the sharks staying far away. harvey: hard to argue that one, at least most of us. we have a great weekend. it will be dry, fun to be outside. of course, it does not do much for the drought situation. it was updated yesterday. and last weekend, a very rainy day with very substantial rains. there has been some improvement. an episode did not result in enough rain to ring us out of the -- bring us out of the dry pattern. next week there may be wet weather affecting us. we will see how that plays out. but there is nary a cloud in the

midwest and the dakotas. for us, high pressure is in place. it is a chilly night tonight, but beautiful weather over the course of the weekend. that high is going to rest right over us early tonight and tomorrow and when that happens, you really get chilly this time of year. then we get milder. a very weak front, that is why g i would not be surprised if it cannot even do that because it will be moisture starved. we have cold air from the great lakes and canada. sunday, our air comes from the midwest. and that is where i expect this to be sunday. right now in the 50's, but we will be falling quickly after sunset. there will be many places at or

freeze warnings and frosted visors, even for some areas very close to the coastline line. most urban areas may avoid it. other areas will likely have a frost. the reason you do not see the freeze warning, it has already happened, so the growing season has come to an end. it certainly will be a chilly one. a nice bounce back in temperatures. the freezing in the early morning. and the patriots game looks great. very mild. temperature 66. the winds coming from the southwest, anywhere from five to 15 miles per hour. all right. there it is. beautiful we can for you to enjoy. the color coming on in our local

an hour north and west of boston and beyond. it stirs to change next week as the chances of rain increase. check that out tuesday. talk about 75 or so. just so you know, if you heard applause in the background -- that was 75 degrees, not for me. jc: it was for you to read just so you know. all right, to minneapolis, where last night they partied like it's 1999 in a tribute to the -- rockstar prince. jc: prince's friend morris day led a lineup that included stevie wonder and chaka khan, both of whom worked with prince. president obama delivered a video message praising prince's contributions to the music world. prince's younger sister tyka described the show as a public memorial to her late brother, who died 6 months ago from an overdose of painkillers. beatles' fans can now have their very own yellow submarine -- a

the submarine set is based on the 1968 surreal musical film inspired by the beatles. it comes with characters representing john lennon, ringo starr, george harrison and paul mccartney. it will go on sale november 1 for just about $60. ben: halloween only a couple weeks away. the candy flying fast off store shelves. what to do local trick-or-treaters like the best? number one -- hershey's kick cap -- kit kat. jc: yes. followed by milky ways, brach's candy corn, reese's peanut butter cups and nestle butterfingers. jc: absolutely. ben: where are twix and where our snickers? jc: the candy corn i never get. i never get it. i never get it. it's like a little ball of wax. ben: we were never allowed to

nope. jc: coming up in your health, the government releases new numbers on how many are dying from the disease. ben: but let's see what's coming first, up new at 6:00. heather? heather: jumping into action just in time to save a woman in a sinking suv. all caught on camera. you have got to see it. from the wrong patient at a local hospital. and it is the symbol tool that helps save to boston to police officer's. that's all new at 6:00. ro monday morning on the eyeopener, you think you are doing everything right. >> three unexpected items that can drag down your credit score. >> and a warm start to the week, how long it lasts and tracking our next chance for showers on

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jc: your health tonight, new research finds fewer americans are dying of breast cancer. from 2010-2014, approximantely 41,000 people died from breast cancer each year. that is a drop but the decline

1.9% compared with 1.5% for black women. breast cancer is the second most deadly cancer for women after lung cancer. new research finds people who regularly smoke marijuana have an increased risk of bone issues. scientists at the university of edinburg compared regular pot smokers and non-smokers x-raying their bone density with a special scan. the bones of avid weed smokers were 5% less and they also suffered more frequent fractures. on average took the drug about 1,000 times showed no difference from people who don't use the drug. ben: between apple watches and fitbits more people becoming obsessed with tracking their fitness. and that includes their heart rate. but how much can you really trust the new wave of high-tech gadgets? newscenter 5's heather unruh takes a closer look. heather: sweating it out at the gym. believe it or not, we used to be

were working out. today, we have stepped wreckers, calorie burn indicators, and heart rate monitors we can check while on that run. when it comes to heart rate devices, i think keeping -- are they keeping the beat? researchers tested for wrist mounted heart monitors against the medical standard, known as an ekg. they also used a chest strap monitor. but f , sometimes off by 30 beats per minute. the bottom line is, if you want to keep track of your heart rate, you might want to have a chest strap or keep in mind that the numbers on your wrist might be offbeat. ben: 30 beats per minute? that's a lot. jc: newscenter 5 at 6:00 starts

breaking news -- the smartphone banned from all american flights is the risk of fire grows. trapped in a sinking suv. the strangers who rushed to the rescue. harvey: a quick chill about to settle in. heather: the central tool that helps save boston officers and the local doctor helping get first responders trained. this is wcvb newscenter 5 at 6:00. heather: breaking news at 6:00 -- samsung galaxy note 7 smartphones, now banned from all planes in the u.s. ben: the department of transportation making the move in response to nearly 100 incidents of the phones catching fire. anyone caught trying to fly with one could have the phone confiscated and may face fines. jc: also breaking, a topsfield woman pleading guilty this afternoon to kidnapping and

to rescue a woman trapped in that sinking suv. ben: newscenter 5's john atwater is live at the scene. john? john: pretty amazing video. you see that video. thankfully the woman is safe after a pretty amazing rescue by strangers. a man swims right out and goes for the back door, trying to rescue the woman inside the floating car, but the car goes down quickly for her to get out. >> come out? john: for a few seconds, the exhausted man fears the worst. >> i lost her. i lost her. >> there she is! there she is glacier point -- there she is!

>> the driver made a mistake between the break into the gas -- the brake and the gas, or what have you. the vehicle went into the water. john: thankfully people not hesitating to help the woman who clearly could not get out on her own. just but thankfully they were here and no one was in front of that or anybody else was in the car. it is a day to be thankful. we certainly citizens helping this woman. john: an incredible team effort. the woman in the hospital. she has mild hypothermia. but she is going to be ok. john atwater, wcvb newscenter 5. ben: john, thank you. also breaking, a topsfield woman pleading guilty this afternoon to kidnapping and assaulting a 2-year-old girl she babysat. police say abigail hanna snatched the toddler from her hamilton home last november. the child was found naked and bruised out in the cold several hours later with a shaved head.