channel 9 eyewitness news continues right now at 5:30. police say a man was armed when he went next door to break up a fight and ended up killing his neighbor. new for 5:00, we're asking if he could face criminal charges. investigators say that man was trying to help diffuse a dispute between his neighbor and the girlfriend. >> channel 9 spoke to investigators today and they told you it's going to be up to the state attorney's office now to decide whether charges are warranted.

say they have figure out what happened inside of the home when that next door neighbor ran over with his gun to try to help. right now, the marion county sheriff's office is working a death investigation case at this home on southwest 108th street. after michael ratliff was shot and killed. now, today at the scene, we spotted this bullet hole in the door. deputy i sas it happened when he and his girlfriend got in a huge fight and she went to the next door to help. >> went to a neighbor for assistance, the neighbor came back to try to assist the lady and understand what was going on. at the time, the moment began to escalate again and ended with t shos fired. >>reporter: deputies say the neighbor grabbed his gun and went next door to help. once he got there, deputies say he and ratcliff got in the fight and opened fire. no charges have been filed. >> well, it's still under investigation, obviously, we

>>reporter: it will be sent to the state attorney's office to filed. now, we asked the legal analyst about this case and he says, it's not unusual, for law enforcement to investigate first, and leave the charges up to the lawyers to figure out. he says grabbing the gun and going to the house won't look good for him, but shaffer says he will likely help the neighbor by telling the detectives the neighbor went to her home to her someone told us from behind the door that they didn't want to talk. now, shaffer also says that since the deceased is not here, that investigators will have to rely on the stories of the two people who were here when this happened. as well as the evidence that was found at the scene. we're live in marion county, mirth price, channel 9, eyewitness news. we have breaking news in volusia county right now, where

the search for a prison escapee and his girlfriend and her son. on friday, 24-year-old natasha quickly helped gary bullock cut off the gps monitor and escape work release at a volusia county hotel. she has a gun. right now, here's a live look at the volusia county administration building where dozens of homeless people are refusing to leave. 20 minutes a four of them get on a bus to be taken to the salvation army, that makes a total of 17 who have gone there today. coming up at 6:00, why one county leader says closing the property appraiser's office in the building may have created problems. investigators now say smoking caused a fire that killed one person at this independent living facility in lakeland. three other people were hurt. the building and didn't have sprinklers, michael sent the day digging through the fire code and michael, you learned every senior facility is not required

>> the rules depend on the type, size, and date that that facility was built but advocates for seen r yous say it's up to you to check on the facilities. lakeland firefighters say the facility was built before the new rules were put in place. the sprinklers were not required. similar to senior housing where the seniors can take care of themselves. sprinklers are usually required in assisted living facility, which are different because those residents may need extra help evacuated. >> as you age, you don't use as fast, you don't hear as well, you don't move as fast and as a result, your ability to self-evacuate, is diminished. >>reporter: even then, there are exceptions. elder advocates i spoke with say it's ultimately up to the facilities to ask the facilities about what kind of safety procedures that they have in

see them in person. it wasn't required to have sprinklers, the facility had concrete construction, and fire corridors, which likely limited the spread. in tend, 3 people were also hurt, but firefighters say it could have been worse, considering the elderly are among the most vulnerable when it comes to fire death. the firefighters identified the victim as 59-year-old john connelly, the fire started in his bedroom, and an autopsy is scheduled for today. orlando city county plans have approved a plan to sell property to the soccer club. the city bought the land when the new stadium was going to be a private venture. we are getting reaction from orlando city, and we will have that part of the story coming up on eyewitness news at 6:00. about 80 million americans are still digging out tonight,

2016. >> the 22 states that were are slowly coming back to lives a plows work around the clock. washington, d.c., philadelphia, and new york city. 31 people died across the 22 states. this time lapse video from virginia shows what millions of people went through. >> just really bad. really, really bad. i've never seen it like this before in a long, long time. >> airports are also scrambling to return to full service, more than 12,000 flights had to be cancelled over the weekend. the effects of the winter storm are trickling down to central florida, 30 flights were cancelled at orlando international airport today. departures. 15 other flights were delayed. if you're traveling through oi, a, check your flight before you leave for the airport and packing a little bit of patience. >> you're going to need it. the political battle for iowa is really heating up tonight, just a week away from

the white house. channel 9 anchor greg warmoth. greg, those candidates are using any and all of the ammo that they have were using things against each other. everybody needs to watch what they say and how they say it. the presidential candidates will be logging a lot of miles between iowa and new hampshire as the rest of the country watches to see who trips up and who finishes on top. >> crunch time, folks, i want to win iowa. >>reporter: in iowa, recent polls have donald trump leading ted cruz. >> 177 hours, that's all we've got before the iowa caucus. >> they want to be part of a political revolution. >>reporter: and bernie sanders ahead of hillary clinton. >> i hope to earn your support in the caucus on monday. >>reporter: the possibility of trouble for clinton has her friend and billionaire michael l bloomberg considering an independent run. that decision will likely come after super tuesday in march. and only if it appears there will be a sanders general election match-up against trump our cruz.

duking it out. the target, trump. and his recent remarks including his second krint yans flub. >>reporter: took aim at this comment from the weekend. >> i could stand in the middle of 5th avenue and shoot somebody and i wouldn't lose any voters. >> i don't know with whether that's true or not. but it's pretty amazing to say it, isn't it? >>reporter: the endorse pts are rolling in for the candidates, former texas governor, rick perry endorsed his fellow texan, ted cruz. never a dull moment on the campaign trail. two bills related to ride-sharing services like uber and lyft, will be the focus of florida lawmakers tomorrow. legislators could make a decision -- they could consider a measure that would prevent local governments from

efforts to preserve historical re-- 51 sets of remains were discovered at the school l in 2013. investigators have identified 7 bodies. if approved, the proposal would give money to help affected families p pro-- properly bury their loved ones. allegations children were abused and died at the school. the hunt continues tonight in california, for three escaped inmates who broke out of a maximum security jail on friday. investigators believe they got out just after the daily 5:00 a.m. inmate count. first, they cut through the metal grate in a holding cell and went through the mruping tunnel -- plumbing tunnels to the roof. >> each of these inmates are extremely dangerous, and should be presumed to be armed. >>reporter: all three inmates were doing time for serious crimes, including kidnapping, torture, and murder. investigators believe two of the men may be hiding in the surrounding community.

settlement has been reached for the testimony some of the family of the el farrow tragedy. the ship's owner will pay each of those families $500,000. the other families did not file suit. today, new numbers confirm fewer people than expected are expecting health insurance under president barack obama's affordable care act. the congressional l budget office says 13 million people are likely to purchase policies, down 8 million from estimates early last year. at 6:00, it's now a done deal, the orlando city soccer club just agreed to pay the city 18 l million dollars for the land where its new stadium is going up. >> ahead, what the team is doing to be a good neighbor in paramore. . and you may be out of luck, getting any phone help from the irs. >> home buyers can't move in

that's not the only nightmare. >> there are homeowners who have been hurt here. >> next, getting answer ks and what the state just did to to protect buyers.

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an orange county couple claims a huge mistake been a home builder left them without a place to live. >> it's a company that action 9 has investigated before. after customers complained it didn't finish their homes. todd confronted the builder for answers and found that the state just took action against its contractor. >>reporter: two years, after the new home was supposed to be done, jenny and francisco still can't move in. >> you have paid this builder

>> that's not what you got? >> no. we can't move in. >>reporter: the couple signed a $145,000 contract rs with k cv custom hones, the new home can't pass final inspection because there's no septic system. the couple claims the attempt to build it and failed and then the company stopped trying. >> i just can't just deal with it. >>reporter: this couple has been forced to live in a hotel for two years. we sfirs investigated this builder -- first investigated this builder 10 months ago. they stopped building even customer's cash. since our investigation, the state found probably cause k cv's contractor violated regulations by abandoning the job, but keeping the customer funds. buyers say the lopez --. pity.

just won this $100,000 judgment against kvv, at its office, i tried to talk to the manager. >> there have been homeowners who have been hurt. >> sir, don't the be so disrespectful, turn off the camera. >>reporter: he told me that the county required a costly retaining wall for the septic system, but it's not required to pay for the change orders and the buyers breached their contract. >> i don't know what else to do. >>reporter: now, k cv says the project is stalled before she stopped paying and challenging the state's finding. the company is rated f at the bbb for unanswered complaints. martha. >> unbelievable. m months from across the state will be -- moms from across the state will be pouring into the state capitol tomorrow for a fight for the childrens recess. why it should be mandatory at elementary schools.

>> i had had a teacher, a kindergarten teacher, i will not say where she came from, she called me over thanksgiving break and she pleaded, please, please don't give up on this. >> some lawmakers have expressed concern that mandatory rees is would force some schools to extanard their day, which could cost -- extend their day, which could cost. volusia county school board leaders will vet tomorrow on a a new school dress code policy students would be required to wear long or short sleeveded oxford shirt is. it wouldn't t be required until the beginning of next school year. gas pricess in the metro orlando area are among the cheap nest the state, aaa fuel gauge reports shows the average cost is $1.77. that's down 7 cents from last week. the average price in daytona beach is $1.85, which is higher than the national average of $1.82.

low because of the supply is high. the remodel l of the incredible hulk roller coaster is starting to take shape. tis mantling the most -- dismiss mantle l the most popular ride. we're told that the fans know will know where to look. it's expected to be up and running this summer. >> perfect timing. >> all it took. >> awesome. >> launches you right away. >> it does. well, great day for the theme park. here's what's going on tonight. beautiful sunset, almost upon us, high clouds streaming in from the gulf of mexico. and in fact, it's an el nino jet stream. that's giving us the clouds. right now, 69 degrees, down from -- that's pretty much the high so far today. we'll be a bit warmer tomorrow. temperatures about where they're

71 for -- 51 for winter haven. kissimmee. be in the mid 40s in apopka. widespread frost across the area this morning. we can uncover the plants. it's going to be pretty decent week, i don't have anymore freezes in the back pocket for a week or so. seasonal up through deltona, deland and pierson, 48 after a freeze this morning. orlando, increasing clouds tomorrow. back in the lower 70s, around 74 for a high tomorrow. same for sanford, that will be slightly above average. not much rain tomorrow, but that will be changing quickly, on wednesday. here comes the el nino storm system, notice this jet stream, see the clouds reaching across? winds over 150 miles per hour, this is what makes el nino what it is weather-wise for us. it really enhances the southern jet stream track.

that brings us all of the stormy weather. upper level lows move by. either way, we've got another el nino storm system on the horizon. 7:00 o'clock in the morning through afternoon. we'll keep it dry, an isolated shower tomorrow, it will not take long and wednesday morning, here we two with scattered showers developing in the early morning hours. 9:00 o'clock, watching the line of snow showers, etch some thunderstorms moving through -- even some thunderstorms moving through. a slight risk of severe weather in the forecast. in the southern zones. 1:00 o'clock, with scattered storms north. heavier stoerms. fort pierce. that could be heavy storms in south florida. wednesday night, things start to quiet down. but another weak low could slide through on thursday morning, and bring us some more rainfall for the thursday morning commute. so we've kind of got a one-two punch. a slight risk for a tornado, string winds over 40 miles per hour, and could easily get over an inch of rain again. usually we have cooler than

we have both of those this year. the five-day forecast with your weekend always in view, nice day tomorrow, then the rain moves in. scattered thunderstorms, we'll be watching wednesday very carefully. rain moves out for the first part of thursday. giving us a nice friday. a fantastic saturday. and you can't beat sunday, 76 degrees. martha. can't beat a weekend, period, tom. >> so far, buses have relocated very few of the homeless crowd. for 6:00, why county leaders problem. >> hey, stop! >> we're still reviewing this dramatic body camera video. shows a teen did. >> the state's new revenge porn law, why experts say his

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indulge in a hot or iced macchiato today. america runs on dunkin'. tax time is just around the corner, but we've learned mostly sunny of the calls to the irs for help are going unanswered. channel 9's justin gray is live in washington, d.c. right now, and justin, the government's own taxpayer advocate says it's part of an irs plan to move service online. >>reporter: well, the irs does the want you to go online for answers to your questions, nothing wrong with that, the problem, though, is if you do try to call, they're not always answering the phone. >> welcome to the internal revenue service. >>reporter: try to call the irs with a question about your

>> we are experiencing very high call volumes at this time. >>reporter: the majority are never getting anyone to pick up at all. new numbers from the government's own internal auditors show that in 2015, more than 56 million calls to the irs went unanswered. >> only about 4 out of 10 people trying to reach the irs were successful. >>reporter: the officials taxpayer advocate says this is by design. quote, an intention on the part of the irs to substantially reduce telephone and face to face service. we figured we'd call the irs and see how long it takes them to answer our call. [ music ] . >>reporter: hold music. >> how may i direct your call today. >>reporter: each time, got an answer in under five minutes. but the numbers show that's rare. . >> on average, taxpayers waited about 30 minutes. >>reporter: i reached out to the irs, a spokesman referred us to the official audit response and the irs officials say in the few

future, they want more customers to go online to find answers to questions rather than picking up a phone. >> many taxpayers prefer talking to a human being, more natural. but in terms of becoming more if i recollect, they need to have more online services. >>reporter: money is ls a -- also a big part of this. congressional budget cuts have left them with limited resources. congress did appropriate more money. we asked the gao if they thought that might help improve service, their answer was no. reporting live in washington, tonight, justin gray channel 9 eyewitness news. since the start of eyewitness at 4:00, a crowd of homeless people won't leave their new camp in downtown daytona beach. >> and brand new at 6:00, what happened when we confronted a county commissioner over why this is still a problem. >> plus, we are still going

what else it shows regarding an officer-involved shooting in orlando. >> and what the orlando city k

developing at 6:00, homeless people in daytona beach, are refusing to leave a government building, that the county leaders were forced to shut down. >> you shut down an entire county office. >> i agree. >> taxpayers paying for the office we confronted a county commissioner. for weekings, city and county leaders say they've been trying to find solutions to this

>> and tonight, the situation