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>> ♪ ♪ "action news," delaware valley's leading news program with jim gardner. ♪ ♪ >> may 12th, 2015, an amtrak

train derails in philadelphia, after it speeds up 150 miles per hour over a curve. eight people are killed. the engineer brendan bostian is charged with involuntary manslaughter. today the judge ruled there wasn't enough evidence to send bostian to trial. he dismissed all charges. said bostian's lawyer, today there was justice. >> tuesday night the big story is the dropping of all charges in the case of the deadly amtrak train derailment. live outside the justice center is dann cuellar. you have the full story. >> that's right, jim. it was a ruling that took many by surprise except brendan bostian's lawyers. from the beginning they have maintained his innocence in this tragedy. >> everyone came to the same conclusion. this was not a crime. >> bostian was at the controls

of amtrak 288 when it crashed may 18. the commonwealth called first responders and a rail expert to testify that bostian was criminally negative. the defense passed back citing finding about a wrong attack, it's possible he mistakenly accelerated to a curve of 156 miles per hour in a 56 miles per hour zone. the judge ruled it was an accident more than a crime. >> this was never a crime. this was an accident. >> the attorney general's office isris reviewing the ruling and deciding what it will do going forward. >> the jacobs family is sorely

disappointed with the ruling today. they are hopeful and put their trust and faith in the attorney general's office to file the correct appeal and move this forward. >> former congressman pat murphey was onboard the train that fateful night. >> it was a tragedy. it was an accident. i think it gives some of us a sense of closure. it will never change the fact that eight people lost their lives on the train that night. >> now attorney tom kline points out that presently the only legal action in play right now is a lawsuit bostian himself brought against amtrak. bostian alleges they fail today provide a safe work environment when the train was hit by a projectile minutes before the crash. >> a pedestrian hit by a driver

tonight at 8:00. he is being treated at christiana hospital. state troopers don't have a reliable description of the striking vehicle and ask witnesses to come forward. >> it was a somber gathering at lafayette college as students came together to honor a classmate. mccrea williams suffered a head injury sunday afternoon and died in the hospital yesterday. police are investigating if alcohol was a factor in the freshman's death. >> falls township police have the man they say fired ten shots at an office complex in no, no norrisville. annie, tense moments today. >> jim, that's right.

gunshots rang out in the neighborhood. look behind me, those are the holes left behind bichotte gun slugs hitting the building. kids were outside waiting for a bus at a bus stop. luckily, no one was hurt. >> jimmy stormen is in prison tonight. it was here that he used a 12 gauge shotgun to shoot into the management office. police say he knew the intended targets were in the corner of the building. >> they were exiting behind the building, traveling across old 13 striking trailers on the other side of the street. >> jane ran toward the building when she heard the initial shots. they tried to warn a man they saw, not realizing he was the

shooter. >> we said do go in there, we heard gunshots. he proceeded to do what he did. >> while neighbors called 911, stormen pumped more shots into the building. then he returned to his home in the mobile home park. >> we believe he was anticipating suicide by cop. >> he had a handgun, alcohol and a bible. he left a notice on the door of the office. it was part of an ongoing dispute with management. neighbors that know him were left stunned tonight. >> i know he recently lost his job. that put him under stress and his mother got sick. i don't know if that all built up and he snapped? >> jim, tonight, the district attorney has approved a list of charges against the suspect including attempted homicide and

aggravated assault. >> reporting live in falls township, back to you. >> we had two bank robberies half hour apart and police are trying to determine if they are connected. the first 3:35 in west philadelphia. the bandit wore a pinstriped brown suit and claimed to have a gun and bomb but didn't show them. just before 4:00, a man with the same description and m.o. held up the prudential savings bank on south broad street. fortunately, no one was hurt. there are parts of florida where life is inching back to normal. airports are reopening, cruise ships stuck out to sea are coming into port. 9.5 million fl floridians are

without power. the irma death toll is up to 13. four people died in south carolina and two in georgia. half of st. martin is owned by france. the president is there bringing much-needed food and supplies. as skies cleared, it was apparent that the florida keys was decimated. 25% of homes are gone and 70% are damaged. they have no cell tower, no electricity and no gas. >> near miami there are evacuations ordered hoping to avoid a tragedy. >> more than ten airmen in from

512th departed to homestead air reserve base a military staging area for irma relief. the victims of hurricanes harvey and irma need a great deal of help. tonight a one hour telethon billed as hand in hand aired on channel6 and simultaneously across the country. ♪ ♪ we all need somebody to lean on ♪ >> stevie wonder and oprah lent their star power. if you want to donate, we have a link on our website, "6abc".com. some will affect the atmosphere starting tomorrow. cecily tynan is tracking it all with a first look at accuweather. cecily? >> irma is now a remnant. it's lost tropical

characteristic, not much wind with it. you can see the circulation is broad. we don't have a concentrated amount of rain. it's starting to increase the dewpoint, philadelphia 68-degrees. as the warm front continues lifting it to the north, we have a tropical air mass so the humidity is higher. future tracker showing showers breaking out. it's a situation where the next couple of days have us stuck with on and off showers. i have the latest on hurricane jose in the forecast. jim? >> thank you, cecily. neighbors and friends are calling it a true tragedy. a wilmington man ran back into his burning house believing his wife was in the burning home.

archie monroe never made it back out. donna remains hospitalized in critical condition. >> a mother has been arrested in connection with the deadly drugs discovered in the parking lot of her child's elementary school. 29-year-old dollinda williams dropped her child off last week and dropped two dozen bags of fentanyl. she was arrested today and released on $25,000 bail. the chief said in his opinion that was too lenient. >> the entire school was put at risk, especially children. if one of those children at five years of age had opened that package and the fentanyl got into the air, who knows what could have happened. >> williams has been charged

with possession and wreckless endangerment. >> a new piece of art work has gone up next to the art rizzo statue. the temporary art display outside the municipal services building stands 8' tall and ways 800-pounds. the pick was placed there to highlight ideas related to community, perseverance and resistence to oppression. >> medical experts recommend cancer screening depending on whether you are over or under 30. we'll show you the tricks apple has up its sleeve to convince you to spend a thousand dollars on their new product. >> meteorologist cecily tynan

returns with a seven-day outlook from accuweather. ducis rogers has plans for a new place kicker. that and more when "action news" countless patients. countless ailments. countless hours.

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>> trump administration will allow its refugee ban. the court is scheduled to hear arguments october 10th on the legality of the bans of travelers from six mostly muslim countries, but bear in mind the 90 day ban ends late september. the department of justice says it will not bring charges against the six baltimore police officers involved in the arrest of freddy gray.

gray's death kicked off months of protests after his neck was broken in the back of a police van. the baltimore state attorney is dropping the remaining cases. this is the day apple lovers have been waiting for. this is the day they have unveiled products like i i-watch and apple tv. today is about the apple i-phone and there are changes. christie ileto has the big review. >> it's not just one but three apple phones that apple has unveiled. the game changing one has state of the art features and severe sticker shock of a thousand dollars. >> calling it the future of the smart phone, the i-phone 10 has a price tag almost comical until you hear what it's armed with. the most durable glass design

ever. e moaj jis, wireless charging and facial recognition. the new phone bound to become a status symbol for those sporting the hottest technology. >> we have one more thing -- >> apple also unveiled an i-phone 8 and 8 plus slightly more affordable than the ten. it has motion censors for ap's that use augmented reality. >> they improve on everything we love about i-phone. >> also a new smart watch equipped for making phone calls and streaming music, a big leap forward for the tech company celebrating its tenth anniversary. the big question is, will the i-phone 10 live up to the hype? you can get the i-phone 10

preordered late october and the i-phone 8 and 8 plus will be available september. christie ileto, "action news" wphl-17. >> new guidelines for cervical cancer screening based on a woman's age. the task force recommends women in their 20s get a pap test every three years. women 30 or older would choose the standard check up or the newer hpv test every five years. regular screening has cut cervical cancer rates in half over the last ten years. today's draft guidelines mist be finalized and adopted. love was in the air. that's the scientific explanation for the swarms of bugs spotted throughout the valley last night.

conditions were ripe for the insect mating ritual. it turns out they were not gnats after all. this is the time of year a certain species of flying ants likes to breed. experts say it had nothing to do with the hurricane. male ants die a few days after they are done so the swarms shouldn't last much longer. when a male ant says i would die to go out with that female -- >> he means it literally. let's move on to talk about the weather. let's go live on sky 6, looking at the center city skyline, mostly cloudy skies out there. thin sirius clouds earlier tonight. i put a call out asking people to take photos of the sunset.

mike from doyles town didn't disappoint. there are colors of orange and red, beautiful sun set, the sun setting 7:14. with the clouds thickening, that means the bus-stop forecast not as cool as the last few mornings. suburb, 66 for center city. best chance, south of philadelphia and the day planner showing, temperatures will be similar to today. upper 70s, but the humidity levels are higher. it feels quite a bit warmer. this is thanks to what is left of irma. double scan showing a few light stringent wills across south jersey. it takes a while for the column of air to saturate. it will be overnight before we see showers developing. temperatures mild. cape may 69 and allentown and reading 61. the big picture, what's left of

irma dying out over the tennessee valley. the tropical moisture is moving in, in fits and spurts. 8:00 in the morning, lots of clouds, muggy, showers southwest of philadelphia, not a wash out by any stretch of the imagination. we'll see shower showers develo, staying in the pattern thursday into friday. hurricane jose is a category one hurricane. it's no threat to land. it should do a loop to loop and head out to sea between the u.s. coast and bermuda. looks like no way jose is hitting the u.s. humid tomorrow. lots of clouds, a few showers in the morning. 77, thursday, 80-degrees with a chance of thunderstorms with low pressure that used to be irma

riding over us. chance of shower, 81-degrees. skies brighten over the weekend. sunday, partly sunny, 83. monday and tuesday, quiet weather, temperatures in the upper 70s and dry. jose is headed out to sea. something i'll continue to watch are updates on "action news." >> thank you, cecily. this is a special night for some of the greatest in the philadelphia area. a select group of police officers and firefighters were honored at an honor held at the liberty museum. these are the officers that received rewards. we congratulate them, thank them. each received the honor by remarkable acts of heroism. >> peace on the water ministries hosted a free night out on the 1,600 block of old york road.

neighbors sat down with civic leaderers and police and had a meal and discussed what each fios.

>> extra inning drama for the phillies and marlies. >> after being away from home the last two weeks or so, phillies are back in town and bring a crazy game. rhys hoskins connects on the 50th homer of the season. phils down four. 7-6 in the ninth. knocks in one to tie the game. hernandez comes around third base to score the winning run. safe, game over. but wait. they review the play. hernandez is called out. the two teams are brought back to the field.

that's a solo shot. marlins retake the lead, 8-7. bottom half, hoskins again, 100 miles per hour fast ball, second of the game, 16th of the year, 32 big league games, game tied at eight. we are still tied at eight in the 13 h 13th inning. >> cleveland wins it's 20th in a row. >> one game in and the eagles have a new kicker. caleb sturgess on injured reserve. they assigned rooky jake elliot. the birds visit kansas city sunday. as defensive coordinator jim

schwartz points out, the chiefs have new weapons. >> they have a lot of talent across the board. if you want to spend too much attention on tyrek and ke kelsey running backs all those guys can make plays. you have to be good across the board. it's not just taking one guy out of offense. >> still you each drive a ford pickup right?

(all) yes. i'm going to show you a next generation pickup. awesome. let's do this. the bed is made of high-strength steel, which is less susceptible to punctures than aluminum. stronger the better. and best of all, this new truck is actually- (all laughing) oh my.... the current chevy silverado. current chevy owners and lessees get a total value of ten-thousand, six hundred dollars. or, 0% financing for 72 months on this silverado all star. find new roads at your local chevy dealer.

>> to college football, temple's record 1-1. the owls have not looked good. friday night they host umass. they were beaten by notre dame. as for this game, coach collins is excited about playing underneath the lights. >> this is probably the first friday night i have played or coached in, in a long time. i think that's cool. growing up, you want to play high school football under the friday night lights. we get to go back to that and play friday night. i think it will be cool. we'll recap during the play book airing during the 9:30 a.m. half hour. >> when brett brown speaks, people listen. a thousand coaches his free clinic tonight. sixer players were willing to help out. this is the third straight year

brown held the clinic. >> flyers were at the golf invitational. all proceeds benefit the youth hockey foundation. wayne simmons found himself out there in the -- what is that? fescue? >> just saying -- i don't know. >> two american astronauts and a russian co cosmo not, blasted of this evening to add to the station's current crew of three. they have been in orbit since july. "jimmy kimmel live" live next on channel6 followed by "nightline." "action news" continues at 4:30. for the entire "action news" team, i'm jim gardner. have a good night tonight. ♪ ♪