only one officer volunteered to wear a body camera for the department's pilot program. the union is fighting to block the use of cameras, both sides argued the case in court this week. a judge is expected to make a decision by tomorrow. >> 7 news in newton, charges have been dropped against the man that took an elderly woman from a nursing home. the woman says he was helping her. >> and now a judge agrees that was the case. jonathan hall has the story. >> reporter: once handcuffed, now free. 55-year old david no longer faces criminal charges for driving his friend away from a newton nursing home in may. he spoke to us from florida. >> i am so tied up in knots, i have not released that knot yet. >> reporter: you don't feel relief yet. >> god, no. >> he met beth in 1979, said they were in a relationship for 17 years, now considers beth his best friend. he was living at the nursing

to visit her and make sure she was getting good care mature he says she asked him to help her leave the facility. >> i was a friend there for her. >> may 17, he drove away from her leaving her wheelchair in the driveway of the nursing home. they kept driving all the way to florida. back in massachusetts, police were searching for her thinking she may have been kidnapped. might be in a dangerous situation without her medication. >> find out that all this crazy. >> anniversary two days on the run he returned to boston. brining her to mass gem to be checked out, only 7 news cameras there. he did nothing to me. i asked him, please, please. he was arrested, charged with elder awe us. months later, the da has tiled this document with the court. announcing that all charges are

burn bomb was found to be mentally competent, telling investigators he, quote, acted at her request to remove her from the facility. >> she was stuck like a twilight zone, no control of her life with all her faculties. >> do you feel like you did anything wrong. >> god, no. i save add friend. >> anchor: jonathan hall, 7 news. >> we reached out to the nursing home for comment. administrators declined to respond due to patient privacy laws. >> the first day of class for boston public sls wishing students good luck this year. the mayor visited 6 schools throughout the day. starting with new mission high school in high park. he's excited to see the changes superintendent tommy chang has planned for the year. and proud so many officials came out to greet the students. >> everyone is out in different schools greeting the kids. so important. and greeting the parents. a lot of great things are happening in our school system that we want to show the support of the entire city and the

the problems with led in water and the schools saying the district continues to work to get clean water in every single school. police are asking for your help, identifying this man caught on camera waving what appears to be a knife at a clerk and customer, at the 7 day convenience store. if you recognize him, you're asked to call police. >> 6 people recovering after a carbon dioxide like in watertown a malfunctioning furnace in the laundry room caused the leak in an apartment building. 3 adults, 3 the rest of the building was evacuated. >> i smelled the smell. and thought it was wrong so i found it in the basement. it was the furnace, called the property manager. >> fire officials say the leak has been contained. no word on the condition of the victims. >> anchor: more news, an elderly man out watering his lawn shot. the terrifying attack is all caught onson. now police are wondering why this map was targeted right

>> reporter: on the south side of chicago, more bullet casings scattered on a city street. >> i heard the gun shot, rap out here. he was -- ran out here. he was daysed in the street. >> what surveillance video from another neighbor's home shows. this is a 71-year old man, just out watering his front lawn. 2 men on bikes ride up, rob him of his wallet, before firing a shot into his stomach. you can see the garden hose going airborne. florida the >> absolutely ridiculous. you're not safe in your own yard. >> reporter: more than 40 other chicago families know how that feels. after a bloody holiday weekend. gun shots forced a brand new baby boy into the world early, someone fired 17 shots at his mom and dad sitting on their front porch. >> the men and women in cpd are clearly doing what we want them to do. we're at 6,000 recoveries for the year. clearly, the police department is doing their job. i need our legislative and

>> reporter: 6,000 illegal guns are off the street, 500 people have been killed so far this year. more than all of last year. >> laguardia under went surgery and police say that he was in fair condition. christa delcamp, 7 news. >> anchor: a highway horror in phoenix, a woman shot and killed driving. the woman told police she was being chased we a truck before someone shot her in they don't know what prompted the shooting and looking for whoever did it. >> police say a group of atv riders have been causing chaos in downtown st. louis. business owners have taken it further, taunting the police. >> reporter: all this bicycle officer can do is watch the atvs and seeks drive off. cycles drive off. police say moments earlier, the officer stopped an atv rider for

takes a swipe at the officer and runs to another vehicle, police respond, a motorcycle rider goes by yelling at an officer. the riders continue to taunt until enough police show up and they scatter. >> it's a game. they taunt, a cat and mouse game. >> anchor: >> reporter: steven manages 3 restaurants, have seen the rolling chaos. >> they ride in groups, 30, 40 plus. they're doing -- it's not only doing the tricks, and causing havoc. >> business owners say the riders descend on downtown late at night intimidating other drives, say this incident show they're not worried about being arrested. >> they're endangering themselves and the citizens or whoever is visiting downtown. >> reporter: to police haven't commented on the video, said in the past if they catch the drivers they will arrest them. >> anchor: loose change littering a highway in delaware. witnesses say the driver lost

that's a lot of coins. the truck skidded to a stop on it is side, a truck load of unstamped pennies. the driver is expected to be okay. >> anchor: a rescue over the pacific ocean near san diego, a coast guard rushed to save a diver having trouble breathing. you can see they dropped the cage below to pull the man up from the boat. they took him to the hospital. no word on his condition. >> anchor: a 51-year old woman saved by a surfer when she is bitten by a shark h about 300 yards off shore when a shark bit her on the shoulder and her arm. a man surfing was able to get her to safety. >> she said i'm losing a lot of blood. i got to her. that's when i saw the shoulder. she had been bit p by a shark, so -- bitten by a shark. i said you're going to be okay. you'll be all right. >> reporter: wow. so doctors are treating the woman at a hospital and she is in serious condition.

on to a we are. the 63-year old man admitted i was drinking, missed the inlet and ran on to the beach. he left the boat on the shore. beach goers found the yacht floating at the shoreline. >> first thing you see when you come around the corner, the boat over there. and the first thing i thought was, wow, i hope they didn't hit the jetty. >> scary when you hit something. i have been on a boat where you hit a piling. it's scary sound and - leave your vessel. >> that man is charged with boating under the influence. right now his other problem is figuring our how to get his boat oat of the water. >> a kansas man committing a crime, looking for a life sentence. >> the 70-year old lawrence ripple robbed a bank, told police he would rather be in jail than live with his wife. he took $3,000 and sat in the lobe e, told security he was the

>> i've never heard of someone who would rather come to jail and commit a crime so they don't have to go home and be with their family. that's never happened. >> anchor: the robber and his wife have been married' 3 years, if found guilty he could get his wish for up to 20 years. that's quite the extreme to go to -- there is marriage counseling. >> anchor: up next, creepy clowns. putting communities on edge. police say it's no laughing matter. >> ahead at 6:00. prosecutors taking action nearly 6 months after a car went barreling into a popular restaurants. >> two workers killed onth way to work, when the van flips

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putting -- causing alert. creepy clowns. >> anchor: police say this is no laughing matter. >> reporter: it may be some people clowning around, but it's not funny. more and more people are reporting seeing clowns in their

>> in north carolina, parents are worried. >> the winds was so terrified that this man tried to lure owe them in the woods. somebody is trying to get these kids. >> about 3 miles away in greens broko, police got a 91ll chris grabbed a machete, chased him. >> imagine somebody seeing a clown in the woods. people are pretty scared. >> last month in green bay, wisconsin, residents started spotting a clown walking the streets at night caring black balloons. turned out to be a publicity stunted for a small independent film called gag. by itself, dressing up as a crown is not a crime. >> we don't have a law in north carolina that prohibits a person from dressing like a clown. >> making things worse, police

crown sightings, the sheriff of cleveland county, north carolina said perpetrators could be charged with obstruction of justice. five-year old sky brown wants the creepy clowning to stop. >> these incidences are causing problems for professional clowns as well. one says he's so worried he's a target for vigilanties, whenever he goes out in his costume, he notifies police telling him where he's going. >> how 24 woman is proving age is just a number. >> how about 90 said for tomorrow? forecast for the weekend up next. >> anchor: patriots are trying to dominate in the desert, but there are big questions rounding the starting qb, jimmy. >> and honoring a hero, how a local football team is paying tribute to an officer killed in

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arthritis at the national zoo, some making a fashion statement. given especially made boots to help ease her pain. she's been dealing with the diseased for more than ten years. zoo officials say the combination of the boots and therapy have allowed her to move in a more normal way. not to mention, she -- everyone is jealous. >> she looks great, fashionable. >> i guess it's n train them. smart. >> she seemed to like them. >> she did. >> we had fog move into the city, move out. a roller coaster with temperatures, too. humid this morning. that will last until tomorrow. >> anchor: look at this. this is from allison, this is her twitter handle right here. she tweeted this to us about half hour ago. this is from easty, beautiful shot right there of that fog. in and out of town. sometimes the fog is hundreds of

other situations like this where it's washed through certain portions of the city, in and out. very cool. thank you for sharing. that that's the last remnants of the moisture from hermine, the swirl itself, you can see right here moving away from nantucket, away from chatham only to be replaced by a whole new batch of clouds. temperatures right now along the coast line with the sea breeze and fog. lower 70s further inland, it's humid out there once again, this afternoon. that's the case overnight. then this weather system which is charging through new york state setting off showers and storms, this will move through new england. i think the showers and storm activity begins to fade away. may be left over showers and downpours around midnight. that would be about it. as the weather system, the timing doesn't really line up to a time of the day where you would find feisty storminess, so we'll advertise the risk of a

so or 11. i think it's dry before then. here is storm timeline a couple showers marching down the mass pike. hit and miss around the metro, south shore even north shore just after midnight. by 7:00 tomorrow morning, another morning we start with clouds and humidity. i don't think much in the way of rain. temperatures tonight, 69 to 73. tomorrow, early clouds. then becoming sunny. it will turnout as we work into the -- turn hot as we work into the afternoon. the humidity will fade away. start with high humidity, then it drops. the temperatures will take off. dew point temperatures tomorrow morning, lower 70s. then you notice by the afternoon, it's going to be more of a dry heat, if you will. boston tomorrow afternoon at 92, norwood, 93. break, 91. concord, 92. metro west back into the worcester hills. low 80s to 90 said. chatham, 86.

the record just set last year, 93 in won. close to 92. worcester, your record is 90 in 1915. also are be closed, advertising a high of 89. saturday, a lot of clouds. could be a couple showers saturday morning. cloudy skies on saturday afternoon. temperatures on saturday in the mid 70s, with some humidity. and then on sunday, another risk of clouds and isolated shower or sprinkle. temperatures on sunday reach the lower 80s. chance off rain 6:00 a.m. decent chances of showers saturday morning. less sunday. monday, dry. monday bay looks fantastic. lots of sunshine early next week, lows to the mid 50s. crisp fall feel, temperatures in the upper 70s to low 80s. >> age is just a number for a female body builder. >> she's 60 years old, but she

>> a day that starts at 4:30 a.m. it's a morning that typically covers every part of the body. debby isn't your every day morning lifter. she's a competitive body builder. >> it was 16 years ago in randall's town. it game an addiction. >> 16 years later she celebrating 60. i heard that right. >> age is just a number. i'll near be larged, once conceived as a muscle girl. >> she's not the only one. she's competing at the pro over 60 competition at the university of maryland saturday which means she's ready to strike her poses and show the judges what of 0 looks like. >> you shouldn't be surprised. we can do it. you have to get into the gym. i need to do cardio, eat right. it's chiefable but not going to

everything needs to be done in baby steps. you take time, do it correctly. >> their baby steps that led to strides and to a motto. >> we're fit and fabulous. >> she does look great. if you're wondering, her competition song is i am what i am. >> a little boy with a lot of pride. what brought him to a complete stop when he was already late for class. >> i'm kim khazei, coming up at about the restaurant crash in newton. explains why it took 6 months to indict the driver. must, an update on the status for the season opener, why bill belichick was on the defense when the coach was asked about his quarterback. tracking and trapping texters, local police trying to prevent dangerous distractions. we'll explain how. we have those stories and warmup.

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so you can clearly see what's in and what's out? oh, absolutely. i like that. hey, it worked! so i don't have to see the cable guy again? oh no, we're not cable, mac. did you just call me ?mac?? --enroe. mcenroe. mr. mcenroe? tech support that lets your technician see the problem over your smartphone. get 100 meg internet, tv and phone for just 69.99 a month online for 2 years, s this fast at a price this good. >> anchor: no one likes to be late. one little boy decided there was something more important than being on time to class. >> earning him a ton of attention in line. >> in texas, a special little boy at this elementary school.

>> five-year old is recite the pledge as if it's child play. >> he was walking. as soon as they started the pledge he stopped, put his hand on his heart. did the pledge, did the allegiance to the texas flag and then stopped, a moment of silence. he put his hands together and prayed! and he lll him. he stood his ground. >> he always takes the good stuff and absorbs it, does the right thing. >> mom snapped the photo, surprised by her son's behavior. i asked what made you do that? he said that's what you're supposed to do. like duh, mom. >> my mommy took me to school.

>> he paused rather than race into class because saying the pledge and prayer is just what you do. >> thank you, god. thanks for giving me a wonderful day. liberty and justice for all. >> anchor: the mother said she couldn't be more proud of her son. >> anchor: yeah. he's a sweetie. another 30 minutes of 7 news straight ahead. thank you for joining us. >> anchor: 7 news at 6:00 starts right now.

tomatoes restaurants crash, one day after the driver was charactered. took have months for a grabbed injury to indict the driver. >> steve cooper live with the latest. >> reporter: these are copies of the 3 indictments against the driver who crashed into this newton restaurant 6 months ago. when we caught up the da we wondered why it took so long for the charges to be filed. her answer, we wanted to get it right. situations. >> reporter: district attorney marion ryan offering some insight into what led to charges against the driver who plowed into a newton restaurant back in march. >> fortunate to have lots of things, for renzics, videos, all kinds of things in all kinds of cases. it takes time to bring that together. >> reporter: we're getting our first look against the indictments against 55-year old brad casler of newt been. two counts of homicide, one

endangered. >> the car went into the building. >> two customers including gregory morin and eleanor miele were killed when he crashed his suv through sweet tomato's restaurant. 7 others were injured. his attorney told us his clients health and physical condition count have prevented what ultimately happened. >> his attorney was suggesting there might be a health issue here. do you know anything about that? >> it will play it out as the case unfolds. >> reporter: his license was suspended by the registry after the fatal crash. his driving record included 3 accidents since 1998 plus a speeding ticket in 1991. >> his attorney suggests this is nothing more than a tragic accident. are you saying it's more than that. >> i understand the statement. if things play out, we'll present information and obviously the defendant will present information to the court. >> anchor: no arraignment date but, but the da expects the