breaking news sheriff's deputies have made an arrest in a deadly hit and run. a sharp deputy with a keen eye pulled over a car and noticed damage on the right side similar to the damage done when a 60-year-old man was hit and left to die in the middle of route 62 last week. they say the driver 22-year-old joe will confessed to being involved in the crash and is in jail tonight. witnesses say they want -- watched tried to hit his girlfriend with the car twice. >> that was before a pair of rape neighbors put their lives on the line to save her. megan hickey was in the rain tonight. >> reporter: several witnesses told me they watched luis jimenez try to accelerate his car into his girlfriend. she is safe at his family -- at a family members house tonight things could've ended much

her neighbors. they tell me it started with a fight. >> a lot of yelling and screaming crashing in class and things breaking. >> reporter: 22-year-old luis jimenez wrestled the phone away from his girlfriend to stop her from calling 911. he punched her three times in the face in front of her three young children and then followed her out of the house with his car. >> i was walking in the next thing i know i see a car down the road. he came up in our yard. we thought he was going to hit our halloween decorations. truck multiple neighbors say they watched jimenez try to mode her down with his car twice. she escaped by jumping into the back of his pickup truck and that is when two neighbors stepped in to protect her holding a concealed carry permit it handgun. jimenez saw the gun and pulled away. >> we don't know what he would've done. he would've kept trying. truck one neighbor took the

home until police were able to arrest him late sunday night. it was a terrible incident with a silver lining. >> it is unsettling to know somebody with that capability with live next door to you but a couple doors away is a hero. that is amazing. >> reporter: jimenez was arrested for domestic violence and felonious assault. tonight he is an lorain county jail. cleveland police are looking for the man who tried to lure a girl come from school. it was breaking news we brought you at 5:00 and 6:00. the lincoln prep student was at west 44th and hide avenue just before four when she set a white man in a black pickup and black hoodie tried to get her to get inside his truck. she wrote back to school and told her principal. she was not hurt. it happened near a convenience store so please are trying to figure out if there is any video of it.

championship but a new proposal could silence cleveland street performers hours earlier. all that music is disturbing the growing number of people living downtown. the street performers believe new restrictions are not becoming of the city that claims to be the rock 'n roll capital. joe panik and actresses on the case. to -- >> reporter: they are a lot of plac but now the city wants greater time restrictions. for nearly two decades police better known as the sax man has been performing on the streets of cleveland. newly proposed legislation would silences sacks and other street performers by 10 pm on friday and saturday. >> how can you ask musician to stop playing music at 10:00.

response to the 15,000 residents who now live downtown and number that is steadily growing. he says noises just part of city living. >> they should not live downtown because it's the entertainment district. you can't live there and expect to hear new music. i don't understand that. >> tweaking hours a little bit is not going to be the death knell to our performers. are plenty of venues other than the streets were musicians can perform. >> the late-night games the downtown residents don't get to pick with the start time is but you see what happens when you have a game start at 8:00 or 9:00 and it goes to the waited -- we hours. >> reporter: sax man says is cleveland is the rock 'n roll capital of the world we need to set the standards across the nation. >> austin texas is 24-hour music.

>> reporter: the vote is set for october 17. reporting live here investigator joe panik >> it's news channel 5. near lake is going to be returned to its more natural state and in the tradition of students jumping into the water night before the the student died last year after jumping into the shallow waters. the lake is polluted and leaks. is part of a restoration of the whole area and should be done by early 2018. this is a crime that keeps happening. >> a group of thieves are still on the run after a trio of overnight smash and grab spit a family at risk.

they crashed through the wall and broke power lines will kids slept upstairs. >> if that gas line caught on fire everybody would die in the building. six or seven people live up there. >> reporter: surveillance video shows the van ramming the building three times. police were on the scene within seconds but the guys got away and continued their spree all around town. they hit up a family dollar and pearl and a gas 222nd. cleveland police stopped chasing because of it strict policy that only allows chasing and violent felonies and ovi ice. famed attorney gloria allred wants all footage that was not aired of the apprentice released to the public. she made a public plea to producer mark burnett. a former producer says the footage

remarks far worse than what was seen in the recently leaked video from 2005. burnett says he does not have the legal right to release the footage. >> i think that his own words and his own conduct in the workplace are certainly age a legitimate issue. the apprentice may have been a television show but it's also a workplace. if and when mister trump were to be elected of of the united states he would be the head of the largest workforce in the united states. >> trump has said if people want to release more tapes of them saying inappropriate things he will continue to talk about bill and hillary clinton doing inappropriate things. al gore and hillary clinton campaign in florida today. their reunion was overshadowed by the thousands of wikileaks emails posted. so far nothing explosive has

al gore is trying to steer the conversation back to getting people to vote. >> taken from me and was a very close election. elections have consequences. your vote counts. your vote has consequences. >> if you remember the sunshine state and is gore's presidential aspirations in 2000 when the supreme court halted a recount shy of beating bush. since then he has made preaching climate change his mission which could help motivate millennials. number talk of email leaks or audiotapes because in just four weeks we will know who our next president will be. and other sign the election is close is voter registration has ended and early voting starts

has been declared in a murder case against two former new mexico police officers accused of needing a homeless man. this case gained national attention because of the murder charges. there is also new information on the deadly officer involved shooting in tulsa. the oklahoma medical examiner said that terence crutcher the unarmed man that was killed after his car broke down had pcp in his system. officer shelby is his death. the deadly threat is growing tonight in north carolina. more flooding is expected in riverside towns. these are aerial views of the devastation. you can see the water is so high it almost reaches the roofs of homes. at least 33 people have been killed by hurricane matthew across five southeastern states. 18 of the people were north carolina. president obama has declared

weather-wise we are cooling down right now. 47 degrees when -- in ashtabula. 45 and wooster still some lower 50s for cleveland akron and canton. the clouds are leaving that's great news there. we are expecting a partly cloudy overnight sky. we have this coming our way. we have some nice clearing coming in. that should bode well for sunshine for wednesday. with temperatures falling down to expecting frost. cleveland will basically hover in the lower 50s. we have a nice warm-up for wednesday and a big cooldown for thursday we will also previewed the tribe forecast for friday night. we will be right back. black and blue side-by-side a show of solidarity between

protect. a peaceful protest turns terrifying after a fight between protesters and the driver gets heated. the biggest fine the fcc has ever imposed. what one major cable company did that prompted more than

terrifying video after a truck plows through a native american crowd and a protest this went down in reno nevada. you can see people running for their lives. five people were hurt. police have found the driver the and they are investigating. one group involved once the driver charged with a hate crime. we know the picture is not always pleasant but a group is working to change the way relationships between police and the public are viewed. it is called black and blue side-by-side. >> officers stood side-by-side with the community for a photo shoot. as frank riley shows us it goes much deeper than that. >> reporter: it really does. it brought people together to talk. we stood there and watched and even listened. here is what we learned. the power in a picture.

connection differently. it is called black and blue side-by-side volunteers shown in their rawest form black and white. >> it is a simple concept of bringing an african-american man or woman to stand next to a police officer. >> it's a way of trying to bring together two groups of people that are often seen as being at all its. >> reporter: program started back in august. he got fed up with the division and this is how he brought everyone together. >> i support police. >> reporter: trevor, a high school sophomore already has his classmates your -- your. he uses it to connect cops and kids. >> i feel like the officers want to be really good friends with the community and the community is nervous and worked

and talk about things. >> reporter: the backdrop is not highlighted by red and blue. none of this was arranged by dispatch so this is how the picture should look. pictures from this project will likely be displayed in january at a local art gallery. the heroin crisis is so bad there was a meeting with police agencies. they are seeing success in communities that come together to fight it. >> for communities who had gone so sick of seeing the kids die and so sick of seeing their friends kids die that the kind of rise up in a grassroots effort. >> it is not just enforcement

make sure addicts get treatment and also educating kids as early as kindergarten will help as well. now to the drug that was just legalize for medical use. there's some controversy over the committee overseeing the law. >> one per medical marijuana group wants to know why two people from a group opposed to it were appointed to the statement of not -- medical marijuana committee. they are from the drug-fre are driven to make sure patients are protected, the community is safe, and the industry is not fueled by profit. >> i think the legislature did a great job in making sure that interest from all parties were represented on the board. we have two pharmacists, two physicians, and a nurse. he is -- >> he is also on the advisory he represents employees -- employers, the governor and state commissioner.

drivers with their eyes on the phone are not the only dangers on the roads. now walkers in pittsburgh will get a pop-up alert if they are on their phones and about to step into the street. it uses geo-tracking which will know when you are crossing one of the busiest intersections. city leaders hope it will cut down on the number of people who literally walk right into buses. meanwhile drivers and parts of ohio are getting a different kind of message. museums in cincinnati and columbus work together to put up these highway signs that pretty much spell out exactly how some of us feel about this presidential election. the message going as far as st. louis and kansas city. >> that would be distracting. >> did wikileaks hack that?

a nice quiet evening at their advocate a little bit interesting over the next few days. tomorrow is your day. top down on the jeep. >> wouldn't you take -- tell me to take my top down? >> that is on cinemax later tonight. out there. dry weather on the power of five doppler network later. you want to see where the snow is? rapid city south dakota. i think october we have got a great shot at no snow at all but i'm thinking early november we may see some of that coming in and in the meantime nice one

47 in ashtabula 51 in canton the winds are light and southerly with a two point at 45 in around wooster and mansfield and that area the bigger cities will stay lower 50s clouds are clearing out as expected. that should allow us to have suns you already see the next batch of precip or tomorrow. the green is rain and the next batch is now. it will chill down on thursday but not cold enough for the s word. here is the front coming in. we are on the warm side but by thursday morning the front goes by and the cooldown commences. 78 tomorrow and probably lower 50s by late afternoon on ?? thursday.

the bus stop tomorrow right around 50 degrees. you will need the hoodie for the younger ones. 70s coming home so not too shabby. tomorrow let's do 78 degrees lots of sun it will be the warmest day of the week including the weekend. akron 51 tonight and 76 tomorrow. here is your tribe forecast for friday game one. hoodies and genes. gametime temperature is 55. it will have her near 50 by later innings. 63 on friday and 72 saturday and a few showers. 72 on sunday. >> almost as if on cue. a story about fcc fines. after more than 1000 customer complaints comcast will have to pay the biggest find ever. they are accused of charging people for services and

and will be watched for several years. comcast does not agree with the decision but admits they fell short on customer service. the revolving door at the quarterback position will keep moving. i will have the latest after

the indians are moving on to the alcs should have sunk in and by now. next up for the tribe as the

league championship series will play out. the indians will host the first two games on friday night than will head to toronto. if the series goes to six or seven games they will return to progressive field. the revolving door at the quarterback position for the browns has not stopped. today is no different. the team promoting kevin hogan from the practice squad to the active roster. charlie whitehurst was when he injured his knee last week. josh mccown is expected to be back in practice this week. cody kessler will hopefully be able to start on sunday against tennessee. many people think the cavaliers broke the championship curse

this year will be very different than last year. the monsters 2016 calder cup win has not been forgotten by this team. >> the run that we went on -- i think it becomes something you cherish. >> now the start of over again. >> it will be different but you want to duplicate the end result go >> for one man on the ice his role will be a bit different this year. steve mccarthyist transferring from veteran player to coach. >> i knew i was going to be finished playing so this scenario is the perfect scenario. get a little bit more insight on each player so he has been a

>> some differences are to be expected but the end goal remains the same. >> it's a long way to go as a coach but it would be a great experience for sure. >> the first game this season will be against rockford. it will be busy with the

mom always said don't play ball in the house. >> she also said to take her vitamins but the way we are taking them is now changing. >> researchers looked at surveys over the decades and found that fewer americans use multivitamins in 2012 since 1999 but the use of individual supplements are up. combining the two the number of americans using vitamins is about the same around 50%.

>> i take the gummy once. >> all right we want to thank you for watching news channel 5 at 11:00. we hope you join us tomorrow as

>> dicky: from hollywood - it's ?jimmy kimmel live!? tonight -- jennifer connelly. espn's stephen a. smith. and music from crx. and now, for the most part, here's jimmy kimmel! [ cheers and applause ] ? >> jimmy: i'm jimmy, i'm the host of the show. thank you for watching. thanks for coming.