with life in prison sentences some of them even with the possibility of -- life with possibly a parole. >> the united states supreme court is basically saying that the sentencing scheme is unconstitutional. >> reporter: and then 8-1 decision the high court ruled that florida's system of death sentences violates the 6th amendment. florida law allows a jury to recommend the death penalty but without specifying the their decision. than a judge actually sentences that disconnect is unconstitutional according to florida. stick with us the death penalty is basically on hold until there is a statutory fix it also could mean everyone that is currently on death row now will have their sentences commuted to life in prison. >> in these lawmakers must go

prosecutors have to reconsider their cases all around the state. but for now, it appears 390 men and women on death row may never be executed. >> justice sometimes work in very mysterious ways. >> reporter: at the state wants to pursue all of the executions, they would have to go to the florida supreme court now but need a very high standard to actually get those executions essentially approved. so coming up at 5:00, i'm talking to legislature about what they are doing to change the laws and at 6:00 looking at a case that could be affected here and what the family, the family of the victim feels about it reporting live in downtown orlando, steve barrett, channel 9 eyewitness news. and the we talk to legal analyst about what it means for the 390 inmates who are now on death row. we asked him what it means for

well get going through that with the interview we will have the latest in the next hour. we are in for another cold night there is a frost advisory in marion county. >> let's get over to certified meteorologist tom terry lewis and severe weather center 9. how is it going to get? >> cold but not quite as cold as it was this morning a freeze in marion county, hitting 32 up north, 41 on the forecast mark for orlando and we had a nice afternoon. well into the low to mid 60s we expected to be more warm today and because of the warmer nature of the air there is now a frost advisory instead of a freeze advisory and that has been moved farther north to gainesville across the city and tallahassee. look at the cloud deck a very beautiful, financiers cloud deck. i will show that you demented tonight the coldest weather, a light freezes possible outside of ocala mid 30s tonight and 40s elsewhere. it will be chilly but not as cold. if you have photos of frost are

cold it is where you are said it to email, facebook or twitter. all the information is on the screen. greg cost man accused of hitting a 3-year-old boy and driving off turned himself into police today. just as they were about to get him. the boy was hit while he was heading to an ice cream truck yesterday on cypress street in winter garden. channel 9's phil son is at winter garden pd tonight. investigators were about to get a warrant to address the -- rest the driver.'s. >> reporter: friends of his new they had evidence. friends tipped them off and that's when he turned himself in. within the last hour they have taken him out of this building and he's headed for the orange county jail. just 5 minutes away from police headquarters, 3-year-old daniel monsalve is back home today. >> he is doing good.. >> reporter: his mom calls it a miracle so soon after a walk out to the ice cream truck with his 16-year-old brother came so close to turning deadly. >> i know it's dangerous

in front and i was scared. i don't even know what happened when i saw him on the floor. >> reporter: witnesses came forward as applied information. lieut. scott allen told eyewitness news the car that hit daniel was ditched less than one half mile away. at an elks lodge get tracing at 235-year-old billy gibson. >> as we were getting a warrant, he said he would turn himself in. >> reporter: gibsons potential punishment would have been minimal if he had just stayed. instead he could face of hard prison time. daniel's mom wants this to be a reminder to slow down. >> there's a lot of kids running around here and they want ice cream. they have to stop that. >> reporter: she's believe the man accused of hurting her son is going to jail. and she has the joy of knowing her little boy is doing well enough to end up reporting for

gibson charged with leaving the scene of an accident with intricate i'm asking why he ran off to bully -- to begin with coming up tonight at 5:00. like a winter garden, phil sutton, channel 9 eyewitness news. we're waiting for the jacksonville sheriff's office to officially identified the remains they believe are that of 21-month-old lonzie barton. yesterday the sheriff's office announced they found the remains in a wooded area with a boyfriend of lonzie's mother told him to look. rumen ebron was facing child with the disappeared last summer. palm bay police are now investigating a bazaar case where a homeless man claims he was beaten up by some mystery police officers. neighbors tell channel 9 jeff deal they found the man laying in the street late sunday night that you asked neighbors about what the victim told them and then took that information to police to see what investigators turned up. >> reporter: i did and neighbors say that night the man inside insisted someone wearing a pleasure beat them up. neighbors found him down on the

behind his boat but police are not ready to buy that story. they believe he may have fallen off his bike. and a small palm bay neighborhood, people who live here so a man riding his bike sunday evening a little while at later they found them on the ground moaning for help. >> his face was destroyed. it looks like somebody had been kidding -- kicking him. >> reporter: next at spoke to the injured man first he kept telling him an officer pulled him over with flashing lights. garners dad says the victim claim the officer or officers punched him moments later. >> he kept saying the police did it and stuff and dad kept saying i'm calling the ambulance. he said no the police did it don't call them. >> reporter: when we went to the city to find out what police uncovered we were met by high-ranking members of the police department along with the city's public information officer. they say the man told them 3 men wearing police shirts approached him, ask for id, then let him go. but as he was writing away on his bike, someone punched him.

inconsistent and they do not believe anyone actually beat him up they say he was intoxicated and believed he actually fell off his bike. >> he had road rash on his arms and some injuries to his face, but all indications is that he actually did fall from his bike. >> reporter: neighbors say it did not look that way to them. >> no. no. far from that. i mean the man's face was just very, very bad shape. >> reporter: within the last hour detectives showed up out here in the neighborhood. he says the injured man still insists he was stopped by an officer or someone impersonating an officer, but because he was intoxicated, he does not know for sure if someone actually punched him. trying to get to the bottom of this and figure it out. live in palm bay, jeff deal, channel 9 eyewitness news orlando police are working to find out if the man in blue property throughout the city investigators say last week the window of 4 vehicles on baldwin shattered. they believe the pellet gun was

police say as of now they do not have any leads on who can be responsible. a look at the damages, some of more than a dozen businesses vandalized alone colonial drive of the weekend it video we showed you during eyewitness news at 4 yesterday was able to capture a white car passing by one business as the windows were shot out. business owners say the damage could set them back thousands of dollars bit at this point no arrests have been made. following breaking news in orange county, a hotel is evacuated because of a hazmat situation. skywitness knife is on the scene of westwood boulevard deputies say a man was found unconscious at the extended stay america. he is now awake and alert but investigators say drug paraphernalia and chemicals have been found in his hotel room so that cold in the hazmat team and evacuated the hotel as a precaution get a live look at the scene now. last year state lawmakers quit early and went home and today the people you pay to spend your tax dollars went to

>> it was ugly. christopher heath live at the state capitol in tallahassee for the start of the regular legislative session can lawmakers this year get along? >> >> reporter: if you listen to lawmakers they are saying the right things, no bridges have been burned. no hard feelings bit they are ready to get down to do the people's business but a lot of the issues that reared their ugly head last year are still on the table this year and lawmakers only have 59 days to handle the people's business segment let the governor be received. >> reporter: the governor does not set the agenda or write the budget but as long as lawmakers learn the hardier the veto pen which hit such a florida hard to be the penalty when his agenda is not followed. >> that's why i'm asking for your support this legislative session for the first for jobs $1 billion tax cut package. >> reporter: an area -- aggressive plan and quarter million dollars for companies to move to florida where the

the state speech. warning to lawmakers, this is what he wants past. >> let's make gordon first for jobs together. >> reporter: not mentioned by scott, healthcare reform, environmental issues and education. all issues that helped to derail last year's regular session, forcing lawmakers back to tallahassee for a special session. >> we know what we are doing and hopefully we can get a budget on time. >> reporter: orange county senator andy gardner pushed last year for healthcare reform. today he told us the issue is still on the table even if the governor did not single it out. >> you will still have an issue with the uninsured which is really at the end of the day, that is the big issue is the uninsured. >> reporter: and so much of what we passed within the last 59 days will have a impact on central florida big in the next hour my interview with orlando mayor buddy dyer and why he is optimistic about one project

year that he thinks this project will sail through this year. live from the state capitol tallahassee christopher heath, channel 9 eyewitness news. you can listen to everything the governor had to say just download our wftv.com mobile news app go and go to the video section. a volusia county amateur school cafeteria worker could lose his job after investigators say he pushed students and made an appropriate -- inappropriate comments to girls. >> what he had to say when we confronted him about allegations. the reason under brevard county cemetery has become so important to our local military community. powerball jackpot 1.5 billion. >> who wants to be billionaire? >> coming up we spoke with floridians about how much they are willing to spend to try to win.

we are talking about what we would do if we won. the historic jackpot climbing ahead of the drawing tomorrow night. >> it is now $1.5 billion. with a b. as thousands flock to the stores to get the tickets. roy ramos has been sticking with customers they are -- seemingly no and to the excitement of the possibility of winning this. >> reporter: we have seen customers spending 2-$200 to purchase tickets. they will continue to purchase more tickets because it increases chances of hitting the $1.5 billion jackpot. >> i cannot fathom that much money to begin with. >> powerball lottery jackpot risen to $1.5 billion and it is

close to that $930 million before taxes that have people lining up to purchase tickets before the drawing. >> it is a dream hit a wish. if they can win, it is a gavel. >> reporter: at what cost? >> a single powerball ticket can cost you $2 but we are finally customers are purchasing a lot more. and they are doing that to increase chances of hitting that jackpot of only $1.5 billion. and that is just for now. >> 2,000,000,000? >> you think it will go up to 2 billion? >> i think so. >> reporter: chances of winning are one in 292.2 million but that is not stopping customers from try to increase their own odds. >> never buy these things. but the hype all over tv and everything, i figured, well, take a chance for us -- ben i have fought a few extra. double. >> reporter: of all the answers i got for though what would you buy question, my plan is to help the homeless.

>> i would say at 10 to agree with this one. >> what would you do with that $1.5 billion? >> i will get you some. [laughter] spread it around, baby. >> i like the sound of that. the drawing is tomorrow night at 10:00. coming up on eyewitness news at 4 eye, taking a look back at florida lottery winners and how lives is not necessarily take a turn for the better. in orlando roy ramos, channel 9 eyewitness news. we have posted a video with facts you need to know about the jackpot had to wftv.com -- facebook page now to see it. >> do have your ticket? >> i do not. >> you want me to share. i know what you are after. >> i will share with you if you share with me winter is creating whiteout conditions around the great lakes. >> amazing forecasters say the snow could linger through next week after a slow start and now this is what they are dealing with from ohio to new york. drivers are fighting all of the snow you can see what it does

sometimes you hit someone else did near the indiana ohio border. multicar crash down the interstate in western new york counts are already buried in as much as 34 inches of snow. >> you cannot think anything. it is just nice, covered in water and ice. >> reporter: that was a car covered. the same system is sending temperatures in the midwest to 30 below zero. more snow is coming from kentucky up through new england and as temperatures drop in central florida, orlando police are working hard this morning to help more people stay warm. opd set up a dry through drop off for blankets and codes. the idea started as an in-house collection for the department and then spread out side the community. residents we spoke with say they donated because it is the right thing to do. >> it is very important. you have to pay things forward and make sure everybody gets taken care of. >> it makes me feel good and it teaches my children as well that it is okay to help. >> donations will be given to of the coalition for the homeless of central florida.

crews as officers can hand them out while on patrol. tonight, maybe not as cold as last night. >> still chilly. this is the coldest time of the year it is supposed to be cold. >> it felt great today. >> fantastic. it was 67 when i stepped out the car. 65 downtown. if you have the day off to enjoy the sunshine, it was fantastic. cool but, boy, no complaints. 64 sanford, 67 cocoa beach melbourne and 59 still at new smyrna. in clermont tonight, we had frost in the area. a slight chance for frost but look at the cloud icons. we was see some high clouds and that will be the difference tonight in getting a lot of widespread frost and some freezing to the north to maybe some frost in northern zones and freeze should be further to the north toward gainesville. tomorrow morning, mid 30s and even a slight chance for light

enough overhead. 40 upper 30s 44 orlando, 41 this morning. on forecast mark. we will be at school but not quite cloud deck will make a little bit of difference. the high clouds down to the south and more still spilling in from the south did plus we have clouds for tomorrow. they will move in overnight tonight as well so we are generally going to keep clouds around and because of that, we will not have as much sunday he does up tomorrow so only load 60s during the middle part of the afternoon. 64 orlando, 62 ocala, and cool on the northern beaches. 59 and palm coast. future track continues to show clouds moving through tonight and that will be the big difference in the reason why we stay warmer tonight . still dry across central florida for tomorrow. and again on thursday as we head toward friday, all bets are off for dry weather. we will have another el nio

to coming up in the next half- hour we will focus more on the impacts we make it from the system more toward friday. right now, after the weather commercial break, download our free severe weather center in weather app. updated videos, five-day forecast anne lotz severe weather goodies. five-day forecast, where the weekend is always in view, mid 60s tomorrow. upper 60s thursday and friday the weather watch day. before we start to clear out and have a fantastic weekend. much more on the severe threat possible later this week coming up. something parents worry about an official say the number of child sleeping death is on the rise in florida bit the habits they are warning every family to avoid coming up. new brevard county cemetery an important addition to the military community in central florida. state lawmaker want to change the rules so that 3 money floridians playing fantasy sports. >> according to the law, those 3,000,000 people are reading a misdemeanor.

the first burial ceremony at the new cape canaveral national cemetery began with a possession fitting fornication today. the veterans cremated remains in 12 pre-folded flags escorted to the gravesites as you can

honors. very tempting. melonie holt reports for these families the service at this new hallowed ground was that the moment of the final wish. >> reporter: this afternoon cape canaveral national cemetery honored 12 veterans who served in 5 branches of service that they were among the first burial's. >> it is amazing. i never thought i'd was see a national cemetery here in scott's more. i only live 4 miles south first national cemetery administration dedicated the cemetery burn for hundreds but thousands of veterans will be buried here like gloria's father who served in the u.s. coast guard. >> this is an honor. it is a great honor. mary is him entire -- retired marine and his father served in the usa -- navy and always national cemetery.

could not be in a better place. >> reporting from north brevard county, melonie holt, channel 9 eyewitness news. the new 318 acre cemetery expected to serve the very -- burial needs of 1 to 63,000 veterans over the next 100 years. nice to have an -- a place in florida. lake county day care" closed. >> i keep asking about the paycheck. >> ahead violations we found when we dug deeper into the facilities past. >> been -- then, sean penn's entire interview with el chapo has the holy spirit with the suspect had to say about being a drug lord. plus we will getting up close look at how he him of escaped again. investigators say this volusia county cafeteria worker told some elementary school

volusia county elementary school cafeteria worker could lose his job for allegedly pushing students and making inappropriate comments to girls attending class. >> would you like to say something different? by what he told us about the allegations against him. officials say the employee works a south daytona elementary school cafeteria and tonight leaders will discuss firing him. >> blaine tolison learned the man allegedly told sums female students he wanted to marry them. >> reporter: his accuser pushing students. ever that he could be charged with 2 counts of battery. he worked at the sum behind it for more than your and half. police recommend a man faces

handled students during lunch. the school district has reviewed allegations from several students that he pushed them in the cafeteria. he caused them to bump there had been a table. according to documents from the district, 4 of the students went to the school's clinic for evaluation and were not injured. document show toma told to fifth-grade girls he wanted to marry them and made inappropriate comments about their bodies. i reached out to him in person. he explained to me he is not from the united states and says he does not speak english very well. but he denied the allegations. on the part about pushing their head down, did that happen? >> no. >> reporter: in addition to the school board's action, south daytona police filed reports after the incident with 2 parents wishing to pursue charges against toma. he told me he has worked with children in the past. the school board will vote on his termination tonight. so for the state attorney's

decisions on charges for him. live in south daytona blaine tolison, channel 9 eyewitness news. the war to find one of 2 men involved in a deadly double clove shooting and daytona beach on new year's eve is now jumped from $1000 to 7000 police say 2 people were killed and another person wounded when exchanged gunfire with another pearl street. dawson today it remains in jail for murder charges. mail is still on the run. calls into the orange county sheriff's office to get more information about a home invasion that left one person hurt 57 at home on broken pine circle near hiawassee claracona- ocoee road around 9:00 last night. deputies say 3 armed robbers forced their way in and took items and left in the residence card they were 3 people in the house at the time. one had minor injuries but no word on what is happened. and moore county, deputies need your help to track down 2 people who broke into a store install the atm. look at pictures. they show the burglars

alike a comic book character. the duo smashed the glass in front door into the machine and the back of a 1990 the glass in front door into the machine and the back of a 1994 dashboard from a dealership. a close look at the safe house raided by mexican marines hunting el chapo. bob opsahl took a look at the video and the full interview that rolling stone release between the incidents drug lord an actor sean penn. bob, sean penn spoke about the interview. >> reporter: is only 17 minutes but it sparked questions about whether sean penn broke any laws by conducting it. he has already told the associated press "i have nothing to hide. end quote. in the interview last fall, el chapo says it is nice to be free. and he was unapologetic for

explains, there is no other way to survive in mexico for the supposedly secretive meeting was being documented by mexican intelligence the pictures obtained by newspaper show penn and kate casteel arriving in a mountain hideout in his plaintiff fast-forward to friday and investigators were able to track guzman next to the state house where the mexican marines moved in. after el chapo's capture, abc reporter matt gutman was able to get a first look inside the druglords safe house. you can see dozens of bullet holes on the walls. and on the bed, dvds of delicacy goes soap opera, the queen of the south, which woman becoming the most powerful drug lord in spain. >> knuckles like watching shows about marcos. >> reporter: inside his bedroom, this mirror concealed led to a tunnel. >> where it is wet. we will go through this

and i have to crawl under that to get over there. the door looks like a portal in a submarine and through there is the entrance to the drainage system. >> reporter: that path was supposed to take el chapo to freedom, instead, it led to his capture along the highway. prosecutors and 7 u.s. jurisdictions are now fighting to get guzman into their courtrooms but it could take a while to get him back into the country because mexican officials say his extradition has been suspended. vanessa, greg. >> if this is not a movie i don't know what is? >> fascinating. 3 days away from the spacewalk. >> nasa officials assured as the astronauts are more than ready to go out on friday. they will venture outside the iss to replace the voltage regulator that failed in november. nasa officials say the crew was trained but anything can happen while in space. cement the crew spends time

which gives them a benefit but it is still a challenging thing and overall physically demanding. >> if all goes as planned, the spacewalk will begin at 7:55 friday morning and you will see some of it on eyewitness news at 4 and. central florida steve 27. waiting for the air force to preview its plans for 2016 but so far, it seems like it is going to be a busy year for the space coast. spacex is planning 20 unmanned rocket launches including delivers to the international space station and the united launch alliance has 12 launches scheduled from cape canaveral including military and government satellites. new from seminole county, bank just bought the troubled oil in and sweet and i 4 in sanford premier american bank aj lodging. the molto shut down after 9 investigates exposed by laces such as overgrown gas -- grass in unsafe structures. >> we dug deeper to understand why the day care closed its doors as we told you last of the appleseed learning academy

without any warning. today, janai norman will look to state records and found plenty of problems when the decor was open. >> reporter: we showed you last week when the owner posted these signs letting parents know the day care is closed. when we came back this week, we found even more signs on the door, this time, for the owner letting her know she is being evicted. late this afternoon, i confirmed appleseed learning academy lost state funding, the same day we told you the owner suddenly closed up shop. one teacher says it was because the owner did not have current insurance ask that is when the learning coalition took her money and that is basically what forces out of a job. >> reporter: i searched the department of children and families website for any issues before the day care lost funding. i uncovered the owner, gillis, cited for violations in 6 of 11 inspection reports last year. in february, she was cited

not meet nutritional standards. the mac they were not receiving the nutrition or the food that they, you know, were entitled to receive. >> reporter: i found multiple citations for areas in the day care meeting cleaning like dirty rugs and a toilet that did not flush, plus safety concerns on the playground. outside today those teachers were not surprised to see eviction notices alleging gillis is $14,000 behind on right. >> that has happened many, many times. >> they say they also were not surprised when they did not get their paychecks on time today. >> a consistency of receiving checks, it was not. spin after if we would get paid today. >> parents wonder how they will be able to collect their kids belongings and get a refund for days of childcare they paid for but did not get when gillis closed the day care doors last week.

channel 9 eyewitness news . we stopped by the day care on conway wrote in orlando that is owned by gillis. the property owner tells us she has never had any issues at that location. we did not find any records of any violations. we also called gillis but again, we got no answer. commiserations and osceola county want to look at new local regulations for e- cigarette's. there is nothing in writing just yet but commissioners discussed explain restrictions on who can by e-cig's similar to rules about regular tobacco. commissioners plan to address the issue at an upcoming workshop. yesterday we told you about the new bill that was passed aimed at preventing kids from getting nicotine poisoning the bill requires childproof packaging on e-cigarette and liquid nicotine. president obama now has 10 days to decide whether to sign the bill into law. children's cough medicine may have to be -- be bought at stores at cbs is being recalled due to concerns that gives me

the company voluntarily recalled jerry and great flavors of the medicine because the dosing cup has incorrect information. -- concerns that kids may take too much. medicines sold on the store brand labels cvs pharmacy, dollar general and rite aid stores president of daytona international speedway is ringing the nasdaq bell. >> exciting as we bring world center rating to the big apple. >> the ultimate marketer. he was joined with the head of invesco par shares to wrinkle the bell. -- ring the bell. the title sponsor xfinity series opening race after revamped state that the daytona speedway renovations complete by the end of the month is because said the 4 speedway stock rose as shares are bought. maybe they will have joy back. dow jones jumped 117 points, nasdaq of almost 48 points and the s&p 500 rose 15 point.

it is not good so we need to bounce back. >> be patient. >> do not look.'s mother accused of the affluence it teen fleeing is out of judge -- jail. >> looking at clouds. chilly temperatures and thunderstorms in 7 minutes. as a parent, what could be more loving than to fall asleep with her baby but tragically that has led to more child that

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following breaking news right now in brevard county work crews on the same of the

been discovered that we know state road 520 is shut down. this is on merritt island. you can see law enforcement is outside the burger king. we are not sure where the package was found. we have a crew headed to the scene the latest information we will have for you. suspense this package state road 520 on merritt island brevard county. state of florida continues to deal with a silent killer numbers show investigators looking into more slight -- child sleeping deaths. as channel 9 anchor jamie holmes reports, there are new tactics to deal with a problem that many people think no longer exists works sleeping for infants remains a very dangerous activity in the state of florida yes it is extremely heartbreaking because everyone thinks this is not going to happen to me. >> reporter: in 2013, 112 children died from unsafe sleeping as of 2015, investigators are looking into 114 children who died while sleeping. that is roughly 25 percent of all child fatalities in the state roughly equivalent to the same number of children who

injury like gunshots next most parents will say, oh, well, i want to make sure her head is on the pillow and i want to make sure she safe for healthy families in orlando push to lower the numbers when a family comes into an area hospital, zip codes with high dcf caseloads are flight. and a member of the team and help parents know how to safely put the baby to sleep. they can remain with them than for one year visiting once a week. >> we look at safe sleeping issues but where will you have your baby sleep? how are you going to put your baby to sleep? >> reporter: education remains the primary tool, no bumpers of blankets in the growth. for the baby to sleep on his back and no cosleeping. not even on the couch when some cases babies have rolled into the cushions. said the a-ticket say most of these parents love their children and just made a terrible mistake. >> of course most people say, it will never happen to me. unfortunately, it does. when you talk to these parents, they usually say, only if, if i had not done this, but i was tired at night. they are heartbroken and

channel 9 eyewitness news. healthy families sleep safe program targets 16 vehicles and orange and osceola county is the overwhelming number of sleeping deaths in the state continue to come from cosleeping. we posted resources you need on our website. go to the wetterlings section of wftv.com. the man was escorted off of a plane in cuts and miami international airport over a bottle of booze. >> you can see the man being escorted off of the flight from los angeles yesterday he is accused of shoving a flight attendant and was detained by an air marshal, passenger say start when flight attendants saw a bottle of liquor fall out of his pocket. >> we see he was arguing with people. he was using bad language and then they -- students came and he was very rude to them. >> he was drunk. let me guess. one passenger thought it might be whiskey.

>> el nio winter. it only takes one storm to ruin a weekend. >> friday we have to watch what. >> last weekend we had a storm in cape coral area. ef 2. i did -- it did the structure beautiful shot if you have not been outside, it is worth taking a dip temperatures warmed up, 65 now. we made it into the low 40s, forecast this morning was 41. hit it on the nose for 34 palm coast, near freeze for you we head 32 in ocala, that the coldest time on average 64 sanford titusville. 67 cocoa beach and melbourne. downtown orlando, the coldest of the season temperatures falling into the mid-40s tonight that the high clouds that you see here, these clouds are produced from our high- resolution forecast model. it gives us a real feel for how the skies will appear.

crescent moon, a thin blanket. everything helps when he keeps temperatures warm in the sunshine state. no freeze advises. a frost advisory to the north in marion county. in the western zones also. please advise you will be farther to the north out of the cloud deck which will keep us on the milder side overall and cooler tomorrow. we will not get as much daylight or sunlight. 62 2:00, 4:00 on the way to 64 tomorrow 63 sanford, mid 60s along the coast. high clouds so through now. we will watch the cloud cover in the morning. quiet tomorrow. increasing cloud cover and we will keep temperatures cooler. thursday showers in south florida and we start watching the storm complex which will start to develop in the gulf of mexico during the afternoon friday. friday morning, passing showers and then we start watching the evolution of this low. i think it may slide into 2 pieces.

though, this is the one angry close to us during the afternoon hours of friday. we are more prone to tornado outbreaks at night but we have also seen them during the day. so we will watch this closely. there is no specific severe threat right now. we are letting you know that friday is going to be one of these weather action days that we will talk a lot about make sure you download hours free weather app. make sure your weather radio has batteries. five-day forecast, where the weekend is always in view, another cool day tomorrow warming up. high near 80 on friday. increasing storm chances throughout the day. we will talk a lot more about that coming up at 5:00. all new at 5, men who was badly hurt when a tree fell on his truck is now suing the city of orlando. why he says that tree never should have ended up on top of his truck in the first place the residents are fighting plans to build 2000 new homes at lake county. >> it's flat florida so the hills are really iconic. >> why they are determined to save the hills the homes would be built on pick the mother of

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the mother of the so-called affluenza teen even counts has posted bond and left the jail. >> yesterday her bail was reduced from $1 million down to 75,000 she's accused you will call of helping us on flee to getting in trouble for potential probation violation. martha sadowski has been developments. bid tonia couch say anything when she was released. >> reporter: back she said nothing to reporters as she walked out of jail carrying a paper bag with all of her belongings and escorted by 2 the so-called affluenza mom tonia couch finally walked out

she put up her hand to reporters and did not answer any questions. she posted bond following this texas judge's decision to reduce it from $1 million to 75,000 he said he reduced the bond because couch was accused of nonviolent crime hitting the operation -- apparition of a fugitive. her 18-year-old son even as we're talking about a 3rd degree felony noncapital murder i have made my decision based on law. >> reporter: the mother disappeared last month after this video was posted online appearing to show ethan at a party where others are playing beer pong, a violation of relation. couch only received probation for killing 4 people in this 2013 drunk driving crash because his attorneys successfully argued he was too spoiled to know right from wrong. the mothers arrest warrant says the duo drove to mexico after tonya took $30,000 out of her bank account. yesterday, counters older son who was also ethan's half- brother told judge authorities have frozen bank accounts and he has that she has access to

>> there is literally nothing . >> reporter: the judge ordered tonya to follow conditions like wearing a gps bracelet. as for even counts, he still in mexico fighting extradition to the united states. it is our major story, you are supreme court ruled the method florida uses 2 sentence criminals to death is unconstitutional. cement it leaves little to no wiggle room for the state. >> we are asking how state lawmakers plan to change the sentencing rules if they want to keep the death penalty. expecting more showers and thunderstorms late -- later on in the week and a chance for frost tonight. a driver accused of hitting a child leaving the scene turned in 1965 subway's founders had one simple mission. fresh sandwiches. it seemed crazy in a time when gimmicks were all the rage... but the idea of freshly made sandwiches with quality ingredients would stand the test of time .

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three syaytoav u veo op is pase. had one simple mission. fresh sandwiches. it seemed crazy in a time when gimmicks were all the rage... but the idea of freshly made sandwiches with quality ingredients would stand the test of time . the subway sandwich shop. founded on fresh.

florida's death penalty system is unconstitutional. >> it is a big deal got the death penalty is on hold until there's a statutory fix. >> we're asking where does the state go from here and what does it mean for the death row inmates? >> we explained that for how today's ruling could wipe out florida's death row. >> a team of reporters spent the day working to find out what it means for cases statewide, we begin with steve -- steve, you are asking what forward. >> martha, it looks like the damage is already done for prosecutors for these death sentences, people ready on death row, the question is how fast can lawmakers moved to change the law. >> within hours of the supreme court ruling that declared florida's death sentence statute unconstitutional, lawmakers were working to solve the problem.