>> reporter: the sheriff showed us tons of evidence that proves that the deputy was lying. dash cam video and transcripts of the incident of what happened out there. but it was the officer's gun holster that the sheriff spent most of his presentation focusing on today. now, in this video, you can see deputy virden and another deputy walking a handcuffed dylan tompkins holmes and you can see his pants fall down. he said that he was helping holmes get his pants back on when he grabbed his gun. holmes was also three and a half times the legal blood alcohol limit. the sheriff says there's no way all of that happened. >> he has to have taken his hands, come around like this, been able to -- while handcuffed, do this, do this, do this, and then get the gun out. didn't happen.

has already fired that deputy. now, that deputy turned himself in earlier today. he has already bonded out of jail. i'm reporting live in pinellas county, clifton french, abc action news. >> thank you, clifton. we spoke to a member of holmes' family this afternoon. they tell us he has been at home recovering for a few weeks. they did not want to comment on the arrest but they have retained an attorney. the sheriff offered to pay for medical bills for holmes. a woman who ran down a little girl and tried to get away finally under arrest. ryan raiche is live covering polk county for us tonight. ryan. >> reporter: we're back here where it happened in auburndale where the little girl was walking on the sidewalk and her bike and a woman swerved across

tonight we're starting to happened. >> we're here today for your first appearance hearings. >> reporter: tonight finally an arrest in the hit and run that >> she was high on meth. >> somebody did something really dumb and it has changed a life forever. >> reporter: they suspected regina shelton was on something but needed the proof. it took three months but they finally got the results yesterday and notified the family. >> i assured them months ago that we would do our best and be thorough and i told them then don't expect a really quick outcome. but expect a good one. >> reporter: santos suffered severe head trauma from the incident. witnesses on scene did not think she would make it. others that ran to help grabbed the keys from shelton to stop her from driving off. >> she just opened the door and popped a beer and drink it

>> reporter: at her first appearance today, the judge set the bond at 30 grand. our cameras started to roll when she broke down, motioning to the deputy she wanted to leave. her attorney indicating there is more to the story. >> what we're looking to do is find the truth of the matter at hand. >> reporter: santos' father was not available for an interview but says one month her daughter was incompetent proving. we are told she is home from the hospital, continuing her recovery. >> it's amazing how resilient children are. i mean, really. we have seen it over our careers. >> reporter: shelton has an extensive criminal history. i asked the chief if he was worried about her running while pending. they had a close eye on her. we're live in auburndale, ryan raiche, abc action news. >> surprising developments in the case of a convicted cop

they had no choice but to drop the charges. brantley is still behind bars. she will serve a one-year prison sentence for not telling gun. they originally pulled over without a tag. two men believed to be responsible for a murder are now back in the area. the two making their first afternoon. investigators say they shot charles leonard to death last saturday outside of a lawn mower store on 15th street east. they were captured earlier this week in tallahassee. and a tampa computer systems administrator will not spend any time in jail for helping illegally collect e- mail addresses and phone numbers. she was given just two years probation even though federal guidelines called for at least that amount of prison time.

$2,000 to $3,000 a week for sending spam e-mail or text messages. >> now the most accurate weather team in florida, abc action weather. >> how are you doing it made it to another weekend after a cloudy, rainy stretch. things have cleared out nicely with temperatures in the low 60s inland. clouds will try to warm things up a little bit later on this weekend. in terms of this evening, we have a great evening in store. temperatures on the cool side. light jacket. otherwise the cloud cover just a little bit by the afternoon for gasparilla. but it will not be an issue in terms of rain. it will also warm up. 70. us rain in the forecast. up. >> thank you, denis. as we speak, north port police are trying to unravel a inn motel. one person is dead and another is being questioned.

were found in the room as well. they're now in the custody of fish and wildlife. new tonight, lawyers for boston marathon bomber are appealing his conviction. they will be spelled out later. they are expected to argue that the trial should not have been held in boston. a judge denied his request for a new trial earlier this month. the pirates are preparing ready. here. police already starting to bayshore boulevard. if you're still there after carson chambers is getting us tomorrow. she joins us live right now. and carson, he will tell us what we need to know to stay safe. >> reporter: right.

sort of the heart of the parade route at inman and bayshore. near platt street there is a police command center where they will be watching cameras. this year officers say leave your drones at home and bring your common sense. >> people tend to go to gasparilla and get caught up in the spirit of gasparilla and make a bad decision or doing something they wouldn't normally do. >> reporter: which is why tampa police officers will be watching from a mobile command center and on the ground. all the cameras that you see set up along the parade route feed to this post off of bayshore, monitored by officers. officers reminding parade goers to pay attention to the wet zones. the areas where alcohol is allowed. remember in the neighborhoods you're likely to be ticketed even arrested for alcohol violations. >> public urination, that happens a lot. you've got somebody who might have a job as an executive or a

sensitivity to a criminal record. fights. believe it or not. that happens with some decent frequency down there. and then if you've got people that end up getting in a car and driving, you've always got a saturation of law enforcement down there. >> reporter: by the way, jason mayberry is a local attorney in pinellas. he wrote a blog that is puebla how not to get -- that is to get arrested during >> we have your guide to gasparilla. all you need to do is head to our website at abcactionnews.com for a list of all of the events, parking, route. you can also open our free abc action news app to catch the invasion live at 11:30 tomorrow morning.

a big honor for a local educator. steven royce has been been honored tonight. he is one of three finalists. he has been with the manatee county school district since 1994 ask says this recognizes more than just his individual efforts. >> we are so excited. it is such an amazing award. something that we never expected. we just work for our kids. that is the focus. >> the winner will be announced as february 8th. he has taken the school from a c school to an a school. still to come, shoty repair. an apartment destroyed by a man that she didn't even hire. what he did wrong and the one step that could have saved thousands. a major decision for expectant mothers in the military. the change in maternity leave

home longer while forcing others back to work earlier. will the clouds create an issue for the weekend?

>> happening now, police on the hunt for a man who tried to murder his stepson. 53-year-old jeremy pierre attacked him with a knife at the home. harris suffered deep cuts to both hands and a bite mark on his forehead. if you know where he is call crime stoppers. you could be eligible for a cash reward. a shoty repair job left an apartment flooded, causing thousands of dollars of damages. a year and a half later the man responsible is finally facing charges. >> eric waxler is taking action for you. revealing the steps that could save you thousands of dollars

>> i opened up the door, water comes streaming out of the apartment. >> reporter: she came home to a shocking surprise. >> water so high it was ankle deep. >> reporter: it happened in july of 2014 after investigators say this man, michael evans, replaced a water heater in the apartment above. he claim today have proper credentials but he wasn't licensed at all and didn't use the right pipes for hookup. what scared her dogs were alone >> everything is okay. >> reporter: before it stopped, the massive leak rained down on goldman's apartment doing $50,000 in damage. >> the kitchen was destroyed because all of my cabinets were warped. the ceiling, i had holes in the ceiling in the living room and in the hallway. >> reporter: goldman was forced to live in a hotel for six months before repairs covered by insurance were done. experts say there are many

them. >> whether it's doing your roof or a plumbing job or electrical or even something a little less require a license. so you need to check. >> reporter: goldman is glad to see the man finally in jail. >> do your homework before you have any type of repair. >> reporter: in st. petersburg, eric waxler, abc action news. >> nissan drivers need to know about this alert. thousands of ultimas being recalled for a third time because a latch problem could driving. it covers ultimas from the 2013 nissan says paint can flake off the latch exposing bare metal mixed news tonight for moms to be in the military. the pentagon is now

weeks of maternity across all branches the armed services. that is absolutely great nazify women in the army and air force because they currently only get six weeks of maternity leave. the change not so good for women in the air force. they used to get 18 weeks of leave. >> a bill that would let you break into locked cars to save animals and vulnerable people is on the way to the governor. passing the house and senate this week. but you do have to call 911 and you will have to stay on scene until authorities arrive. to sign that. pasco county putting out a new or lost pet. the animal shelter says they are severely overcrowded. these are just a few of the animals they have waiting for a if you have room photograph a new family member, give them a call.

action weather. >> everybody has got big plans this weekend, whether it's gasparilla or something else. >> there's a lot going on this weekend. >> and the weather should finally be perfect. at least we timed it out perfectly. the rain during the week and by the weekend we have sunshine. folks are saying what about the clouds coming in. good question. there's a live look outside at apollo beach. the clouds certainly could be an issue. i think there will be clouds out there tomorrow. we will talk about that in a couple minutes. they're not the kind of clouds that give us rain. i don't think we have any rain chances for at least three days and probably even longer than that. so outside right now, tampa, 59 degrees. partly cloudy skies. now, the satellite picture, this cloud cover extends all the way across the gulf and into the pacific.

most of the day. it won't stay there. the cloudiness lifts back to the north. what we will see is periods of cloud cover. here is the water vapor. it shows you the moisture that extends all the way back over the gulf. earlier it was down around miami. all of a sudden we see it lift off to the north. this is not overcast clouds. either way it will still give us temperatures in the upper 60s. but there will definitely be periods where we will have a milky look to the sky. veiling the sunshine at times. but no rain. that really is the way this plays out. there will be periods on the parade route or anything else that you have going on tomorrow where it will be sunny. then there will be times when it's overcast. you will have both of those because everything is streaming in from the gulf very quickly. just like it has all winter long. everything that develops races across the gulf and into florida. by sunday morning, while it starts off with a good deal of sunshine in the afternoon, we have some of that overcast

temperatures down. no way. it will be upper 60s tomorrow and 70s on sunday. and it will be in the near 80 degree i was going to say the 80s. that's going overboard. near 80 on tuesday. forecast highs on saturday, even with the cloud cover, upper 60s to lower 70s across the area. cooler along the beach because the gulf is in the upper 50s to low 60s. when you get away from the influences of the gulf, you will see low to mid 70s across most of the interior counties. anything along the beach, cooler. still nice. most of the country would trade with us. there is the cloud cover i talked about it. you see it streaming in across mexico, right into the gulf. and eventually later tonight, that cloud cover will be on top of us. more behind it. yes, sunny, cloudy. but no rain. for the boaters tomorrow, this is big, with the thousands of boats around the invasion,

won't be a problem. seas a foot or two. actually out on a bay a light chop to smooth at times. that's a benefit. last weekend, it was crazy. winds about 30 to 40 knots across the area. not that way this go-around. there are your tides, sunrise and your sunset. so a look at florida's most accurate 7-day forecast. we top out at 69 on sunday. 70 by sunday. upper 70s to near 80. i think we will be at 80 tuesday. more clouds with a chance of rain on wednesday and thursday. hello, folks. all i ask for this weekend is for ben bishop to leave all- star weekend healthy. first appearance in the mid season show. here is abc action sports' john

>> reporter: during the lightning's early season struggles the one most dependable and consistent player to keep the bolts from falling out of contention is the man between the pipes, ben bishop. the lightning goaltender is having a career season so far. bishop's stats are all career highs and have earned him a trip to his first nhl all-star game on sunday joining his teammate steven stamko. >> you want to be an all-star and be rewarded that way. it should be if un. >> reporter: bishop like most players grew up watching the all-stars game in the skills competition. >> everybody likes the hardest slap shot. you can see what we have to stop some times. it shows fans how hard the puck is hit. all of it is pretty good. >> reporter: his skills aren't the only part of the game that has improved. ice. the balance, he is the first

says i've got this. you look after your side and i'll look after the other. he is a prominent guy in our locker room for sure. >> reporter: reporting with the lightning, john sabol, abc action sports. >> okay. it's a positive stat. according to mlb network, rays acquired dickerson and he is top ten material. he is ranked the ninth best in baseball. let's hope so. they gave up mcgee to get him. finally is super bowl 50 peyton manning's last rodeo win or lose? that's the question that everybody in denver wants to know. and manning remains coy. >> no confirmation on that whatsoever. we are on to carolina. we are on to carolina.

>> got to love technology. this was taken 15 minutes ago and posted it on facebook and it's already on television a few minutes later. >> awesome. >> beautiful sunset. big weekend. gasparilla over on bayshore. yeah, there will be clouds out there at times. but temperatures will warm up nicely. back into the upper 60s.

of today's top stories on abcactionnews.com. >> thank you so much for joining us. we will see you tonight at