today the middle sex county district attorney's office announced that castler has been indicted on 1 count of operating a motor vehicle to endanger and 2 counts of motor vehicle homicide. 32-year-old gregory mirin and 57-year-old elaine armelli were killed inside the restaurant, sitting there having dinner. one was actually picking up their food when the car came crashing through. the 55-year-old driver immediately had his license proceed provoked and the d.a.'s office has been looking into this for the last six months. today they came down with the indictment and are saying he will be arraigned in court at a later date. that's the latest live from newton, tim caputo, 7news. some berlin officers say they caught a bank robber who they were searching for last weekend. these are the surveillance pictures we first showed you on sunday when officers asked families to stay inside their homes. police say the man robbed a bank, stole a motorcycle and robbed a hope full of weapons. >> also breaking, a road closure in hingham while crews fight

is closed from central to main street. not clear yet how the firefighter started. >> there was a moving group inside the building, helping the person move. they get a report that they smelled smoke, after that report, about 20 minutes later, they noticed smoke in the living room area. they evacuated. the chief says emts checked two people after the fire including a firefighter who had to be sent to the hospital with an anklele >> you all go in there and let? the guys know that, you know, you're here to work. >> reporter: and ready to step out of tom brady's shadow. >> it's different without tom, no question about it, but it is what it is at this point. >> the season's starting quarterback, up for the challenge. jimmy group low has some big shoes to fill, that's for sure. >> all eyes will be on him when the team takes the field against

plan and tom brady's parting words. 7's dan hausle live at gillette with the story. yeah, jimmy garr rap employee saying it is what it is -- garropolo saying it is what it is, but turns out he's not the only young player who's moving on up. >> reporter: it's jimmy gallon rap employee's team now, for the next four weeks anyway, and after two years carrying the clipboard for tom qb-1. >> this is why you play the game. you play to be in the game and play, you know. you don't want to be the back-up. the opportunity is here. just gotta take advantage it. >> reporter: two other young patriots are stepping up into new roles, high tower and gronkowski have been voted as team captains, a first for both of them. while gronk fans may be more familiar with his spikes and off-seat antics, his coach says

leader. >> he's one of the hardest working players on the team. he's already here ready to do his job. he's continuing to grow as a player and a person. great leadership for us as a team. >> reporter: high tower says he's honored to be voted defensive co-captain with mcchordy but he says teammates shouldn't be expecting any big speeches from him. >> that's not my thing. never been. i continue to try to lead by expample do the right thing. >> reporter: garropolo tells me he doesn't feel like he'll be playing in tom brady's shadow for the first four games. he says brady left without sharan >> it wasn't anything crazy. just a goodbye and good luck, really. just wished me luck for the first four, and i think he wished it for the whole team, you know. he's -- tom a very supportive of us, and we appreciate that. >> and jimmy garropolo is not the only one moving up in tom brady's absence. coming up at 6:00, we'll hear from jimmy garropolo's back-up. dan hausle, 7 news. new england is going up against a solid arizona team.

>> trey daerr continuing our team coverage now down at gillette. give us a closer look at this mash-up, trey. >> well, kim, ryan, jimmy garropolo going to be in for a very big test in week number 1. the cardinals pass rush one of the best in the league. and jimmy's role may go beyond that as some are expecting and this thing could turn into a track meet, especially if the patriots' defense cannot keep a very explosive cardinals offense in check. >> arizona does a good job of out there and putting them in situations to make plays and they upset a lot of them. >> reporter: the patriots defense is versatile enough to be one of the best units in the belichick era and will get an indication just how good it is against one of the premier offenses in the nfl. >> a ton of weapons, and bruce aarons i think does a great job of calling the plays. watching defenses know what he wants to do, and knowing how to get guys involved. >> reporter: the cardinals

palmer and jerry fitzgerald who appear to only be getting better with age. >> consistently came out for the last 13 years and just made tough catches. >> he knows exactly what they want to do offensively. he's been there for a couple of years now, so delivering the ball, really deep or short, you know. he has a strong arm to get the ball down the field, with a lot of speed to get it to. >> reporter: and for the first time in the last eight years, the patriots' defense is set to face an phone went a decisive >> even the rookies, this is their first week 1 and everything but obviously these are the games that count now. the intensity picks up. throughout the whole building you can just feel it, and i wouldn't have it any other way. >> arizona cardinals head coach bruce aryans with some pretty high praise for jimmy garropolo comparing him to cowboys' tony romo.

7 is your home for big game, the patriots and cardinals kick off right here on 7 nbc. we'll get you ready at 6:30 and kick-off is at 8:30. 7news turning to your forecast. scattered showers moving out. we're seeing the sun and we're feeling the heat. give you a live look outside. let's see what it looks like over boston. we'll definitely going to see some sun poke through. it's muggy out there. and temperatures are only going to climb. here's chief meteorologist jeremy reiner. >> kim, right now norwood 75. bedford 76. but it is humid out there, that's the big thing about today. the humidity much higher than you would normally find in september. all thanks to the remnants of hermine spinning south of new england yet again. and we have a lot of clouds earlier in the day and even now there's one narrow band of rainshower activity well south of boston. in fact, south of trey, as well, and that's heading west through rhode island and back into connecticut. i think for the rest of under the circumstances, we'll hold on

this evening. and then clouds reforming overnight tonight, patchy fog. muggy, temps tonight scoir to 69. you move out of new england, look at the heat, d.c. watt 93. raleigh-durham 93. 80s and 90s for much of the eastern two-thirds of the united states. and that is heading for new england for the end of the week. we will talk more about that as well as your weekend forecast in a few minutes. there's more news here today, a new bedford man in court pleading not guilty in the murder of his 19-year-old daughter. 45-year-old walter desilva was ordered held he was arrested by u.s. marshals in connecticut last month. investigators say desilva shot his daughter, 19-year-old sabryna, back in july when she was returning home from the grocery store. >> i just can't believe some lawyer can defend a monster like that. i can't believe it. he got in the courtroom laughing. i can't believe --'s monster. >> prosecutors say desilva and his daughter had a strained

months before her murder. a quincy woman accused of driving drunk and crashing into a police cruiser faced a judge today. 21-year-old lilly reid is charged with operating under the influence. police say she ran into the back of a cruiser on 93 in boston early yesterday morning. the teacher inside the cruiser was taken to the hospital with minor injuries. now to the race for the white house. and tonight donald trump and hillary clinton get a chance to show how they would lead the u.s. aroun forces. it's an nbc news event called the commander in chief forum. who's taking command of a new poll. trump with a 19 point lead over clinton. among voters who are currently serving or have served in the u.s. military. 7's jadiann thompson live in our control room with more on what we can expect tonight. >> there will be two big questions for the candidates tonight. what they plan for the pentagon and whether they have what it takes to be commander in chief. in philadelphia, donald trump detailed how he'd boost

>> peace through strength. >> reporter: on glebal jihad, trump says he'd order his generals to have a plan. in 30 days, isis would be destroyed. he'd hike funding for the military for more personnel, more warships and warplanes, and he'd step up cyber defense didn't offense. ut he wouldn't be quick to fight. >> unlike my phone eblght, my foreign policy will emphasize home from means, not destruction. scwhrk who got endorsement of 95 admirals and colonels, slammed trump yesterday. >> we're going to work with our allies, not insult them. we're going to stand up to our adversaries, not cozy up to them. >> reporter: both candidates are headed to the intrepid aircraft carrier this new york tonight for back to back q and a on defense issues at the commander in chief forum on nbc. trump leads clinton 55 to 36 in the nbc monkey polls among military voters, active duty and

>> i think trump would be the better one militarily. >> reporter: sure to come up tonight, the revelation that the u.s. gave iran $1.7 billion in cash, not just $400 million. the white house saying they owed iran the money for a failed arms deal decades ago. >> also tonight, both candidates will be working to convince voters they can be trusted. in the control room, i'm jadiann thompson, zen nuts. and you can watch the commandsner chief forum right here on 7 nbc. it'll be lauer. clinton speaks first. they go enterate separately. there was a coin toss to determine who went first. everything starts at 8:00 p.m. president obama on a historic strip to laos is meeting with leaders of the association of southeast asian nations, the first ever by a sitting president. speaking there the president pledged $90 million to help clear unexploded bombs that remain in laos after the u.s. secretly dropped the bombs for 9 years during the vietnam war and

important symbol of the culture there. a shiny new apple. the i.7 ready for release. we'll tell you about the big changes coming to your next happen el smartphone. >> then an update on a dog that took some drastic measures to protect his owner. and then the body camera battle back in court today. when might a ruling come. in just one hour, boston university coping with tragedy, a freshmen hit and kille train. what investigators are trying to figure out. >> and we're staying on top of breaking news right now. a driver indicted months after this deadly crash at a newton restaurant. he's facing 2 counts of motor vehicle homicide. we're continuing to follow the story and we will update you as we learn more.

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>> apple cutting the cord. the company unveiling the new iphone and unwith the big changes, there is no headphone jack which led to another

newest gadget in san francisco coming with major changes. perhaps the one making the most noise, no more headphone jack in the new iphone 7. instead of plugging into a jack, owners will have to listen to earphones that plug into the phone's digital lightning port, which is primarily used for charges or with wireless headsets called air pods, which will cost $159. another change making a splash, the iphone 7 will be waterproof, and major improvements to battery life, too, with the new batteries lasting about 2 hours longer than the previous model. besides the phone, apple revealed the apple watch series 2, water resistant up to 50 meters... and pok?mon go fans should be excited because later this year, you'll be able to catch them all with your watch. other major shake-ups include a partnership with nike featuring runners and july cameras on the iphone 7 plus.

iphone 7 will be $649. it will have 32 gigabytes instead of sifn and will be available on preorder this friday and then available in stores come the 16th. >> a big flip for a gold medalist aly raisman. her announcement for her future in gymnastics. >> and summertime warmth and humidity. quite hot by friday. and we will have more on breaking news we're following. the driver who restaurant now indicted on motor vehicle homicide charges. we'll bring you more, stay with

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>> after a huge performance in rio this summer, gymnast aly raisman says she's not retiring just yet. the 22-year-old has her sights set on tokyo tweeting out that is the goal, the question is whether she'd come back from her third olympic games. silver medals in the all the around floor exercise. >> easy for us to say, yes, do it. >> all that training, right. >> we wish ali the betts whatever she decides to do. we are talking warm and humid out there right now and downright hot on friday. temps headed for the low 90s on friday afternoon. overall the pattern, it is a dry pattern. there's a slight chance of a few sprinkles tomorrow morning and

your weekend, a 30% chance of an isolated shower saturday morning and sunday morning an isolated shower. but to really get out of this drought, it's going to take some work. it just doesn't happen in one afternoon with a downpour or even a couple of davis of rain. we need a pattern where you're offered a fair amount of wifed spread rain every four or five days for several weeks and that's not happening. allergy forecast, ragweed really jumps by the end of the week and mostly on friday and backs off a little bit on saturday and but warm and humid conditions through the weekend. these temps right here that's not overly crazy for this time the year. the normal high in the city is about 75. 72 is not too shabby but the dewpoints, it's humid out here and uncomfortable and that is the indicates overnight tonight and really for the rest of the week and in response, it's because much hermine just sitting well south of new england and just a pinwheeling moisture up off the atlantic ocean and into southern new england. mainly in the form of clouds and

showers, but no widespread rain. what that southeasterly wind has been doing in response to the remnants of hermine is adding human to the air. and that is going to be with us for a few days. there are a few showers south of the pike, south of boston and i think that's where they're gonna stay put. if you have any outdoor plans for the rest of the afternoon into this evening, the highest chance for any shower or downpour activity will be down through portions of eastern connecticut and even in those locations and counties, the chance is minimal. so this fades away and heads northeast, dying a slow death overnight tonight and through the day tomorrow. kind of sad but out you go, hermine. and here comes a cool front that will move into new england. it doesn't have any cool air. in fact, if anything, it allows even hotter air to arrive on friday. you're thinking how does that happen. well, with a west wind behind that weather system it does not mean a sea breeze on friday. that will allow temps to cook.

80s with weather that was basically going to be similar to what we had today. morning clouds and partly sunny in the afternoon. upper 70s to the low 80s, dracut 82. boston around 78. concord 82. terchs on friday near 90 degrees. but again it will be a breeze going through the day on friday. saturday and sunday there are some raindrops there but i think only an isolated shower each morning. looks like right now both of those afternoons should be dry. see you at 5:30. >> see you then, jr. maverick on the mend and getting a second chance. this canine forced to chew off part of his leg in order to save his own life. his former owner is charged with animal cruelty. >> now he has a new family who's happy to give him a home. 7's byron barnett has more on maverick's recovery. >> reporter: running freely around his new backyard, maverick, the loveable 2-year-old german shepherd, has gotten a second chance.

the routine. the foot doesn't seem to be holding him back too much. >> reporter: mark douglas and his wife tracy were selected from more than 1,000 dog lovers who wanted to adopt maverick after learning his sad story. >> it tugged on my heart string to know that a dog could be in a situation that horrific. >> reporter: in july authorities rescued maverick from his previous home in middleboro where police say he chewed off part of his foot to get free of a line that kept him tied up outside. now after sur to play in, tons of donated toyed and a warm doggy bed inside the house. is. i would think that he would be skittish but it's the exact opposite. he runs up to everyone ready to greet them. >> reporter: maverick has his own legacy. his story helped inspire a new pet protection law recently designed by the governor. >> we have been able to pass a

the number of hours that dogs like maverick can be tethered outdoors. >> we feel like we're getting more out of this than he is. >> maverick is scheduled to have one more surgery. everyone is hoping it will be his last. after that, mark douglas and his wife tracy say they're looking forward to a lot of fun years with the newest member of their family. in stoughton, i'm byron barnett, 7news. still ahead, nfl commissioner roger goodell br kaepernick's protest. what he's saying about the quarterback's refusal to stand during the national anthem. and the driver who crashed into a restaurant in newton indicted by a grand jury today. we'll explain the charges coming

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7news at 5:30 starts right now. >> the driver in a deadly restaurant crash indicted months after the tragedy. >> and a body camera battle takes center stage in a boston courtroom. >> home alone and face to face with the robber. one young boy's frightening afternoon. >> stopping a neighborhood menace, trappers catch a gator that was chase children. and he. kim khazei joins us now from the newsroom with more. >> a grand jury examed this case

counts of motor vehicle homicide and one count of operating a motor vehicle to endanger. 55-year-old bradford castler of newton is identified as the man behind the wheel. it was march 1st when he crashed his car into the restaurant in newton. police say he did not break chile while driving through the intersection of washington and chestnut streets, hopped that curb and crashed right into the restaurant. two people died. 57-year-old eleanor mealy and 32-year-old seven other people were seriously injured. the program set set to begin last week but union leaders worry how they'll be used and

wanted to start the program at the beginning of the summer but clearly that hasn't happened. >> i'm hoping the judge rules in our favor. we've delayed this enough and i've made a commitment to the community to be as transparent is as possible. >> reporter: strong words from boston commissioner evans moments after the two-day hearing about officers wearing body cameras comes to an end. the commissioner, the city and some community groups want officers to be hitting record while streets. but the union feels differently. >> once a person is ordered to put on a camera and walk out on to the street, irreparable harm has been done. >> reporter: the boston police parole man's association wants to delay the program saying officers could be in danger. union boss patrick rhodes says more work needs to be done. >> this has nothing to do with body cameras. this is simply about bargaining. >> reporter: the commissioner says the units has been dragging its feet for months, initially the program was supposed to begin a week ago but since there