post lands him in jail. >> but it wasn't enough to keep him there. >> next, the one reason the

sarasota county police arrest auto teenager for chatting on line threatening to kill kids at school. new at 11:00 why a judge is throwing tout charges. good evening. i'm wendy ryan. >> i'm jamison uhler. abc action newre sarasota high school to explain what this means for other students or anyone who makes similar threats. michael. >> reporter: jamison and wendy, the student was expelled over the tweets that are outlined in this appeal, but according to this appeal, and the judge's ruling from yesterday, he didn't break the law because there is no law against a tweet that student sent. in 2014 this tweet with the

was sent by a 16-year-old sarasota high school student. >> to talk stupid is not actually a violation of that statute. >> reporter: the teen's attorney says getting arrested ruined the student's life and that sarasota police overreacted. >> i would sure hope that if a student says something that is alarming but not criminal that they would go talk to him before they arrest him. before you come with this s.w.a.t. team. >> reporter: but it wasn't just the one twee. wait to shoot up my school soon. school getting shot up on a tuesday. ." >> it caused alarm, 59 tear vein with criminal sanctions is not permitted. >> reporter: the second district court of appeals says the law the teen was charged with violating was written in 1913 in regards to, quote, direct emphasis on threats sent by a letter. it is another example of the fine line she says social media has created between a threat

conversation between friends. >> the parent might say, that causes me alarm or panic. the kids in the group might say, we say this every day. it doesn't mean anything, we're joking. >> reporter: and the last line in the appeal has the judge telling legislators that if they don't like the way this law is written then they need to take this up and rewrite the law so this doesn't happen in the future. michael paluska, abc action here is the latest on matthew. it is stronger, winds now at 80 miles per hour, moving west at 14. the hurricane center just released their updated track. it is pretty much just an extension of the previous one between jamaica and haiti sometime on monday, maybe a little bit slower, and then going into the bahamas by tuesday into tuesday night. this could be an extremely powerful storm once it goes into the bahamas but the threat

it isn't zero, it is definitely minimal, and decreasing as we get a better fix on where this is going. locally things are kind of quiet out there now but i still think we see scattered showers overnight. by first thing tomorrow morning a few more showers stack up along the coast. that is with a cool front. so overnight partly cloudy. i will let you know just where the drier air ends and how your weekend is shaping up. new tonight ryan lochte returning to florida, lochte's name not athletes invited to meet president obama at the white house. lochte telling reporters he just wants to put his drunken behavior at a rio gas station behind him, but lochte's father dropping a bombshell saying there is a three-minute video the public hasn't seen which he says will clear his son. >> it has been found. it shows that the security guards had guns pointed to my

so, you know, i don't know what you call that but i know what i would call it. >> the u.s. olympic committee has banned lochte from swimming for 10 months. the swimmer says next year he will start training for the tokyo olympics. orlando police working a horrifying case, officers saying a lyft driver raped one of his victims. detectives say 49-year-old peter solomon picked up the victim but instead of driving her home he took detectives fear this may not be his first time. caught on camera daytona beach police rescuing three dogs from inside a hot car in a parking lot. police say the owner was inside shopping for at least an hour while his dogs were in that car with temperatures higher than 103 degrees. one dog was unconscious, the other could barely stand. police say the owner didn't appear to care about the door,

from leaving. that man now facing three counts of animal cruelty. the dogs are now recovering at the humane society. new tonight, take a look at this video from central florida. you see those spots in the water? those are apparently all gators. this video shot by a bicyclist. he says he counted at least 50 of them in lake apopka in winter garden. the man says he bikes the area weekly and has never seen that many at the same time before. florida fish and wi received any calls of concerns about those alligators. school closing abruptly leaving students hanging with no degree and lots of debt. marisela burgos live in tampa tonight with the story of one woman who was set to graduate from regency beauty institute just today, marisela. >> reporter: all of these

gipped. today should have been a proud moment in dori farrell's life. >> you have no idea. yep. >> reporter: she was supposed to graduate from regency beauty institute at 4:00. >> i was going come in, complete my hours go home and get ready for my ceremony. and it didn't happen. >> reporter: instead, she was packing up her supplies. >> it's hard for me to believe that to run this business. >> reporter: that's one of the reasons dhin straightors gave students and teachers for closing after more than 50 years. they also claimed enrollment was low and there's been too much negative criticism of for- profit schools. >> this is unbelievable. we were just here yesterday doing our normal thing. >> reporter: teachers felt blindsided, too. >> i love teaching, so that's my next step is just to go out and see what i can find.

given them more notice. >> i could be using that time to be researching other schools instead of coming here, putting in hours that ultimately might not transfer over somewhere else. >> reporter: she will look for another school because this isn't going to kill her passion for beauty. >> i feel like i tried so hard, and now it's just -- it's just another hurdle to get over. i'm going get there. >> reporter: administrators are going to offer these students teach-outs which go to selected schools near this campus possibly at a lower cost. marisela burgos, abc action news. >> marisela, thank you. a fort myers teacher gets the shock of her life saying it started when her husband bought a tank of gas at this valero station. the next morning her credit card was maxed out. she says the pump malfunctioned, charging her $10,000 just for a single tank

manager refused to fix it. >> they need to know that they need to own up to their mistake and try to make it right. that's what makes me mad. >> she canceled her card. she says took two weeks but valero's corporate office finally fixed the error. so much more tonight including this disturbing body cam video right here. what it shows officers doing the night they fatally shot a six-year-old boy. and a company with a reputation recalling two of its brand-new models. we will tell you which company and why. plus this. like it was my fault, like i chose that surgeon. >> a routine hernia repair

new police body cam video from louisiana showing an officer involved shooting that killed a six-year-old boy and left his father critically injured. we need to warn you some of this may be disturbing. the officers say they did not know there was a child in the car when he they shot at least 18 bullets into that vehicle. the boy was hit five times. the two officers now facing second-degree murder charges. wrong side, wrong procedure, even the wrong patient. those are the kind of medical mistakes you think could never happen. but they do. across florida, wrong-way surgeries are on the rise. tonight abc action news investigator katie shines the light on this little known problem. only she discovers the state's deliberate attempt to keep that it way. >> this is what i was afraid

let go of mother's guilt. >> maybe i should have gone with someone else and it wouldn't have happened. >> reporter: six years ago she agreed to let a surgeon repair her son's hernia, only to find out he also removed a portion of the testicle. >> it's not fair. >> reporter: judy wood will never walk again attorneys claimed a lakeland doctor improperly placed a stint in her artery. >> oh dear god! >> reporter: they are among the rare but growing number of florida patients victims of so- called wrong site procedures, medical mistakes considered among the most serious in florida this summer dr. jimmy orr, an oncologist, made a public plea after the board slapped yet another doctor with

wrong side of a patient. >> the issues around wrong side surgeries continue to plague the statement. >> reporter: we found since 2012 florida has logged some 315 wrong side incidents. facilities are required to report them. >> i think patients have to be concerned about this. >> reporter: this year orr expects discipline numbers to reach a four-year high. >> we have a problem. >> reporter: a problem we discovered the state doesn't want you to know about. less than half of wrong site incidents end no punishment means no public record. >> shouldn't the public know more about these? >> we as consumers have a right to know what the failure rates are. >> reporter: dr. jay wolfson is a medicallette medical ethicist. in some states consumers can

by facility. florida posts nothing more than a quarterly number of incidents in an obscure place on a state website. judy and her husband have adjusted to their new reality. >> he's a pretty easygoing child. >> reporter: shannon's son, now nine, thriving. >> i just don't want him to think that he is any different than any other child. >> reporter: but the future unknown for these families and the statewide problem some say is barreling down our. >> we're not going to say this is okay. >> reporter: stopping wrong site surgeries is so top of mind right now the state medical board has created a committee to focus on solving this problem. as for your access to these mistakes, the state agency that tracks the numbers says the reports are confidential under florida law. unless lawmakers change it,

surgeries in florida will largely remain secret. i'm investigator katie lagrone taking action for you. new tonight, donald trump on the offensive, the washington post reporting his trump foundation does not have the certification new york requires charities to have. if the attorney general finds the foundation is violating the law, ultimately the foundation could be forced to donations. within the last few hours a war of words is erupting between republican vice presidential nominee mike pence and usa today. it all started this evening when for the first time in the history of usa today the board took a side in the presidential race saying trump is unfit for

number two, mike pence, countered saying donald trump is ready to lead. he says between the candidates the choice could not be more clear. he describes his running mate as thoughtful, compassionate, and steady. a consumer alert for those of you with brand-new volvos, the car maker recalling nearly 130,000 cars and suv vehicles because the air conditioning can leak water. the recall affecting 2016 and 2017 models which our abc action news app. the moisture may stop the air bags from deploying in a crash. forget the family truck. take a look at this vehicle from ferrari. it's only $260,000. the italian car company also showing is off the convertible hybrid extreme supercar which

and has already sold out. a halloween decoration making headlines tonight, the home depot pulling it from shelves after people complained it makes light of voyeurism. the scary peeper creeper decoration suction cups to window panes and makes it look like a hooded man is peering into your window. good evening everybody. we have a lot going in to weather starting off with some rain off shore. we have had day. northern counties you are going to start to get a little bit of a break but we are still look at some moderate to heavy rain just offshore. i think sarah so tax manatee county, you are going to see showers overnight. most of us will be dry at least until sunrise. as has been the case the past couple of days we are going to see a couple of showers. temperatures anywhere from the throw mid-70s although still upper 70s in tampa at 79 after a high today of 88 which is about where we should be.

nobody hit 90 so maybe we are headed in the right direction. tampa right now checking in partly cloudy and 79 degrees. st. pete 78. clearwater 76. satellite picture, there we go. west wind that's an onshore flow. we have had it now for about three straight days. over the last 24 hours we have had a little more rain popping up. that's because there is a cold front coming in from the north and it is sort of pushing some of that moisture out ahead of it. we had rain off and on today, heavier thunderstorms, then everything moved to the east side evening. then we expect showers to redevelop overnight. now, here is that front. remember, there is your moisture. there is your drier air. so it's right on the horizon. the problem is, it is going to stall out pretty much across northern hernando county into citrus county. so if you are looking for some dryer, pleasant fall weather, you've got to road trip it. maybe up into the panhandle. it would be a beautiful weekend with dryer crns. the afternoons are still warm but the mornings are pleasant.

tomorrow morning, we are going to see a few showers pop up. not as many as we had today but again the moisture out ahead of the front will spawn a few showers, maybe even a couple of thunderstorms. but notice by lunchtime, a little bit better chance of these storms pushing inland. things begin to dry out in our northern counties. that's the front, and it is going to sit right there and eventually fizzle out. so if you live south of the front, and most of us in our viewing area do, you are going to see will be dodging some storms tomorrow, saturday did and again on sunday. it will sometime be warm, muggy, yet just off to the north that's where that dry air is going to stick around. the tropics. we have talked a bit about this because we have a lot of folks in our area that go on cruises, over to the bahamas, even down to jamaica. this is the path of hurricane matthew, winds of 80 miles per hour. over the next couple of days it is going to continue to move west. it will turn north, and when it

key to looking at the west side of this cone or the east side. and i will till most of our models are pretty solid in a path in this general direction. so we're never going to say florida is out of the woods this early on, but we are headed in the right direction, and the west coast of florida appears to be pretty unlikely in terms of a path. and all you have to do is look at the spaghetti models here. there they are. the overwhelming majority stay over to the east. can they change? of course they can. but at this point that is not the forecast. we are to see some serious weather out of this in the middle of next week. so if you have any plans to go to nassau next week, you may want to consider canceling them right now, because it is going to be nasty. for the boaters look for southwest winds at 5 to 10 knots, seas a couple of feet, light chop on the bay, water temperature 85 degrees. the upcoming tides are there. a few sthoirns morning but i think the boating conditions will be pretty good this

then we go part sunny, a couple of storms, same thing through tomorrow afternoon. a look at florida's most accurate seven-day forecast, rain chances 30 to 40% over the next few days. lower uncitrus and hernando county. for next week highs back where they should be, upper 80s. rain chances may bump up just a bit next week as matthew passes by. if the bolts are to make another stanley cup run, depth will be paramount. that story next in sports with

hello folks. one guns making a splash is braydon. he posted a ghost in the opener against carolina. john sabol has more on this calgary native. >> casual lightning fans probably haven't heard of braydon point before. but that will change in the not so distant future but he is already making an impact with

>> he scored in his first game which is definitely special for him. >> kind of an offensive guy -- kind of an offensive guy my whole life so hopefully it can translate. >> point is a long shot to make the roster. he will like it start in syracuse. at 5' 11", 165 pounds, he's 20 pounds lighter than tyler johnson. next summer johnson will be a restricted free agent w. the lightning already dealing with salary cap issues, he might just be the heir apparent to johnson if number 9 gets moved. either way the bolts don't feel any urgency to hurry point into the nfl. >> do we have high hopes? yes, absolutely. but is there any sense to rush? no, there is not. >> they want to develop their own players. hopefully they will be take steps to get in this locker

sports. 47 quarterbacks have been drafted in the 7th round of the nfl. only eight have spent more than a cup of coffee in the league. broncos quarterback trevor siemian may be denied. he has been put in the starting role. five td passes. not surprising the coordinator mike smith and gary kubiak has a knack of finding quarterbacks that can play the system. i really think the buccaneers offense can score enough points to win the game the defense can give up enough points to lose this game. i just don't think the bucs have what they need to beat the defending super bowl champs this time around. so with denver giving up only three, i've got to take them on sunday. classic moment during today's practice round at the ryder cup. a heckler giving team euro a jabber when they challenged the guy to come down and make an

make. so the fan says, hey, man, that's cool, i'll give it a go. justin rose lays down a c-note next to the ball. he bet him $100. and david johnson sent the crowd into a convulsion. he sunk the putt. tournament play officially opening up tomorrow. if you wanted the rays to win tonight was the night. chris archer trying to his 20th loss of the season. mike went deep in the 4th to stake the rays to a 2-0 lead. they are in a rain delay in 9th with the rays leading 5-3. we're back in a minunute an change. closed captioning brought to you by lakeland toyota.

just about to the weekend. for most of us, a lot of heat, humidity, scattered storms. citrus and hernando, you are going to see some dryer air. >> continuing coverage on our top stories at abcactionnews.com. >> have a great night and we'll see you back here tomorrow

it's ?ji it's ?jimmy kimmel live?! tonight -- armie hammer armie hammer, from ?notorious?, piper perabo, this week in unnecessary censorship, and music from damian ?jr. gong? marley and now, here's jimmy kimmel! >> jimmy: tha >> jimmy: thank you. thank you, everybody. thank you very coming. i am jimmy. i'm the host of the show. thank you for watching. thanks for coming.