the sheriff said dylan tomkins pulled the gun out of the deputy's hollister and threatened the deputy while handcuffed. he provided justification for the actions of the deputy saying he feared for his life. the sheriff reversed course. >> the deputy's version did no and could not happen he had no legal justification to shot the victim. >> reporter: today we saw dash camera of the ins dented can you hear the 26-year-old taunting the deputy and then shots are fired. the sheriff's office presented the results of the month long investigation into one of their own to the state attorney's office this week. they filed the felony information yesterday. timothy virden turned himself in after a warrant was issued for his arrest and released after posting a $2000 bond.

charge was inappropriate and that his clint did nothing wrong t is rare for an officer to be charged in a use of force case in florida. there was a sheriff's deputy charged a month ago for a use of force case but it had been 26 years before one officer was charged. back to you. >> tina jensen for reporting. >> thank you. a bizarre story out of north port. a woman's body was found in a motel. that was not the only unusual thing found on the scene. they were called to the budget inn just before 1 p.m. they found a woman dead in a room there. they were questioning a man, they're questioning him at this time, they found two monkeys inside cages in the room. they are calling the death suspicious but at this time they

there -- they are not releasing the cause of the women's death. >> the gentleman combative and hope he can answer some of the questions of why they were here and why the situation came to be. >> the officers say they have an idea of who those two people are, the man and woman, they are waiting to notify family members before releasing her name. there were no visible wounds to indicate foul play. the monkeys, they have been handed over to fish and wildlife conservation commission e the countdown is on people will head to south tampa to celebrate gasparilla. while you party, the tampa police are on patrol. crystal clark has more from bay shore boulevard on what they do to keep us safe. >> crystal. >> kelly, yes, every police officer will be on patrol it takes that many officers to control the crowd as big as gasparilla.

be key to spotting problems before they become an issue. >> hundreds of thousands of pirates will fill south tampa for gasparilla, block away on platt street there is a command center. they're not waiting for the crowds to be prepared. >> we'll have them up and down. nobody has a day off. and giving a birds eye view. they are narrowing the focus. we'll have a dispatcher come in and all calls related to the area will go to her. she will dispatch it. >> issues outside of bay shore will be handled by other units so the presence will be high along the routes. they have been a target for terrorism attacks around the world like the boston marathon bombing. >> we had concerns for many years when you have an event like this. we all in law enforcement have

>> the chief is one of 18 chiefs around the country in tampa hoping to learn how to better handle the festivities and chose one of the largest marathons. >> on the 4th of july we have 60,000 runners running a 10-k. we'll have 300, 400,000 people that will kline that route, to the 200,000 expected at gasparilla. police say they are relying on to you keep an eye out to help them. >> if he see something, say something; if something happens, someone will see something before that. we want them to go up to a police officer. let them know they see anything out of order. >> police say a way to make sure this is smooth is to follow the rules. they say the most arrests are

there is an area to drink but otherwise you have to keep the booze away. i spoke with the coast guard as well. they're showing us how they're handling things on the water, ways they are preparing for the festivities. >> it is going to be a big crowd, the weather is going to be great. for everything that you need to know about gasparilla from parking to street closures, there are a lot. log on to www.myfoxtampabay.com. >> glad to hear the weather will be great. last weekend for the children's parade it was a little chilly. paul said it would be like that. are you saying that a lot of sunshine tomorrow. we will not have what we had last saturday. >> what we will have is the lack of wind. last weekend they were howling on the back of the blizzard on

it looks good off in the distance. i tell you the challenge, the forecasting challenge is that we rarely get two and already you look off to the west and here we go in the and we could see the sun blocked from time to time. it will not rain but it may be cloudy for a time. and cooler, we'll see the temperatures generally in the 60s. water. here is the outlook. 56 early. by the invasion we're about 66, 67. obviously, chillier on the water, warmer over land. the only issue could be increasing high clouds but overall the forecast for the weekend is good. we'll talk about that at 5:20. back to you. >> thank you. there is a major update to

courtney brantly the ex-girlfriend of dante morris. she got a break courtesy of prosecutors. she was accused of attacking her girlfriend and damaging her car. it was the night before she was scheduled to turn herself in to serve a year in prison on charges related to the officer's killing. the hillsborough state attorney's office did not meet a deadline to file the domestic battery charges so the judge released her. that does not mean she is free to go. u.s. marshals will pick her up to start her prison sentence. she could have faced a longer sentence on the domestic battery charges. donald trump is says he made the right decision to skip the debate and speaking to voters in new hampshire this morning, he said that being a no show was a good thing for his campaign. he said his absence pushed more candidates to attack his closest rival, ted cruz.

i don't know what will happen to his numbers, they're not going up. ours went up last night. isn't that something. >> he boycotted the debate because of issues with fox news' first debate and the questions he was asked by the moderator megyn kelly. how will the decision play out with the voters of iowa. craig patrick has more from iowa. what has been the reaction there? >> we found some voters who are turned off by his absence and they may be unlikely to vote for him. we're not seeing any hard-hitting attack ads against donald trump on the airwaves. that's why his numbers, in part, seem to be going up, boil others may be going down. ted cruz in package. you think that jeb bush or marco rubio would go after him. they are not engaging him they are killing each other. it is

florida. take a look. >> remember how marco rubio loved jeb bush. >> and 100,000 floridians are better because of jeb bush. >> and jeb bush loved marco. >> do you have a favorite. >> marco rubio is my favorite. >> we have a great relationship. >> i have a special place in my heart. it is describe to -- hard to describe, my wife said don't cry. don't cry but marco rubio makes me cry for joy. it had the makings of a bromance. something changed as they traveled to iowa. >> it is probably going to be a cold day but a great day for florida i promise you that. >> politics first, that's the marco rubio way. >> he's been missing votes for a long time. >> doesn't show up for work but want as promotion. >> marco rubio and allies and

other apart. >> don't fall for it, they are using the same line answer marco rubio that was used on charlie crist. >> i'm running as a republican. >> democrat. >> similar theme. >> threatened to vote against and then for. he supported his own dream act and abandoned it. >> marco rubio's come back is happening. >> the same one he used op charlie crist. >> we know what he is doing. jeb bush is desperate and spending millions on attacks. don't fall for it, thatted and the allies are calling jeb bush a train wreck. >> spending millions on his train wreck campaign. >> and link him to hillary clinton. >> no wonder he is the one bush and clinton fear most. >> reporter: marco rubio was caught wearing shoes that were austin power dress bootys. and bush is running with it and

>> these boots are made for flipping, that's just what they'll do, one of these days marco is going to flip-flop on you. stpho ept. >> and so goes the relationship between marco rubio and jeb bush. we caught up with marco early in iowa. we caught up with the governor jeb bush as well. we'll bring you the interviews and most of the republican candidates sat down with us and they map out their strategies and what they expect on monday night. what they had to say to us, kelly, that's at 6:00, about an hour. >> we'll look forward to that. thank you. the obama administration is confirming there was some closely guarded government secrets in the former secretary of state's hillary clinton's unsecured home server. government officials say that 22 e-mails contained top secret material. department officials did not

or comment on whether the or comment on whether the democratic presidential candidate sent any. it is three days before the presidential nominating caucuses will take place. >> interesting to see where that goes. there is a bill moving forward in tallahassee that could change how judges handle adoption cases. agencies can ask courts to place children in homes that the parents prefer. but a state senator said a move can yank a child from a foster home where they are doing well. so this bill would let the judges place the best interest of the child above the wishes of the parents when making decisions like that. >> it needs to be done early in the case and needs to be done when it's in the child's best and the adoptive parents everything needs to be focused on the child. >> the bill is poised for final passage in the senate next week and one more committee to pass in the house.

>> tears in court today from a woman charged in a crash that nearly killed a little girl. what happened when she faced the judge today. >> and lights, camera, action for clearwater's most famous dolled fin. the reality show that's going to

new at 5:00. it is show time for the clearwater marine aquarium made famous by the dolphin tale movies t is a show and the first episode is monday. there is more to the story f the network picks it up cma could pay for an expansion. steve nichols shows us how it ties together. >> reporter: her how cold it was, you remember the clearwater marine aquarium, we received live intakes and 8 deads on the beach. they would be classified as a cold stem but they are

>> that's from the cma's show which premiers monday night. money. >> we built up a large audience from the dolphin tale movies and they want to know what is next. >> the money? >> this will be on digital. you will see this on tv a number of networks. >> it launches as the cma finalizes plans for an expansion. more room for the now famous dolphins and the more numerous sea turtles. remember the cold snap. >> we're taking pools and divide them into halves and fourths to make room for everyone, that's not ideal but that's what we have to do. >> the plans show cma 45 to $50 million from now double in size with more space for visitors in the parking garage. work. >> we will not have to turn the

>> the more that can be rescued and rehabbed the more that can be released back into the sea. in pinellas county. steve nichols. and steve tells us the cma is looking at rehabbing the creatures in the intercoastal water way. and that would create a lot of room for a new and very large species, manatees. >> sounds fans fantastic. the rainy weather has brought high surfs to the area. that has washed up shells along our area beaches. out at siesta key they were shells. that's not the only thing that's washing up either, people have been finding tons of star fish and other creatures. >> they are washing up because of the tides. the people who are finding the unique shells are very happy

>> enjoy it. it is fantastic especially if you are looking for shells. >> just leave them alone. many people have been taking them. that's okay if they're dead f they're still alive they ask to you keep your hands off and don't throw them back in the water leave them alone. and just let mother nature take its course. >> paul. >> it was a beautiful day today. >> we're hope fogger a good weekend. >> a neat day today. the sky into motion. the cram in motion. look at the sunrise. one theme that we see again today, despite the fact the cold front is south of us is this. we still get a continuation of high clouds moving over the state. i think that for a time tomorrow or sunday it may be cloudy.

it looks like it will be sunny and then it's the clouds and then it is a constant feature during el nino weathers. there are clouds back here. we're not predicting any rain but it may be mostly cloudy. sunshine through the high clouds. overall not a bad weekend coming up at all. the dry air is tampa north. the white indicates the moisture. it has been blowing 160 knots over the state. that's a loss of wind it brings from the pacific and from the state and that fast jet as it did brings with it clouds and rain and severe weather.

the dew points have developed. they were in the 60s. now they're back in the 30s and the 40s. it will be a chilly night. the good news tomorrow there will not be much wind f are you in the flotilla on -- wind. if you're on the flotilla, the way. it is looking good. smooth a light chop and winds light and share variable for the day. and it could be dimmed by high clouds a pleasant day for gasparilla. light and variable and the bay waters are smooth. that's good boating weather out in the bay. water temperatures are 59 degrees so don't fall in. >> that would not be good. 61, dew point 39, winds are west at 10 and around the country. >> we're dry in the east and we have some snow along the northern states. out in the west it is more snow

the temperatures are not cool. and 29 in flint and 33 in chicago. tonight, fairly chilly. we'll be in the 40s to near 50s. tomorrow with sunshine through high clouds, the highs will stay in the 60s and the 70s. you see that on the 7 day. we'll go mostly clear and chilly. 49 degrees in town. cooler east and sun set at 6:08. tomorrow filtered sunshine meaning sunshine that can be dimmed or blocked by high clouds. we're back up to 70, the sunshine dimmed by clouds and 73. if you are boating, light and variable. seas 2 feet. smooth. that's good. the 7-day forecast may get

with another front coming our way. that could give us rain next weekend. it is never a dull moment. we'll talk about that at 5:45. imagine this. allergic to the sun. a big day for the boy who has a rare skin condition. the special gift that's now

( high on meth, while driving her car. police say that's why this woman

girl on her bike last november. she went to court today. and aaron mesmer was there, too. he has this update for us. >> at this time i'm going to set bond at 15,000 per couldn't, refee na shelton's words were a barely audible yes. >> those are the conditions that you will be under with this at this time. >> yes. >> but the emotion said plenty. she broke down in tears and asked the guard to take her out. >> we want to see justice. >> you will not see any pity from andy ray and this girl is the reason why. >> she came within inches of killing the little girl. >> that was in november when they say she was riding her bike and shelton ran her over with her suv. police say that it is a miracle the girl survived a fractured skull. >> we were concerned about her injuries that day.

>> the officers suspected shelton was impaired. a witness said she tried to take off but he stopped her. >> i went inside and grabbed the key from her. you know and just put it in my pocket until they came, she did something else that floored him. >> she opened the door and went like that and popped a beer and drank it. >> alcohol was not shelton's problem. we're told she was high on meth. her test came in and allowing police to make the arrest. the attorney had this to say after the hearing. >> we're looking to find the truth of the matter at hand. the truth is clear and she needs to spend time thinking about the child she nearly killed. >> we feel like the injuries to the little girl and the difficulty she and her family went through deserves some justice. >> police say she has been recovering at home for the last month. this is far from shelton's first arrest.

other times with crime bees like drugs -- crimes like drugs. >> there is a break in the case of escaped convicts. one has been arrested. and suing disney a family

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3 developing tonight - developing tonight authorities say they have captured one of three inmates who escaped from a jail. they cut a hole in a metal grate and going through the tunnels and on the roof of a five-story building. they pushed aside barbed wire and used a repel made out of sheets. one flagged down someone and wanted to turn himself in. authorities say they are doing all they can to capture the other two fugitives. >> a number one priority throughout this event has been the safety of our community. we have dedicated all available resources to the search and investigation to bring all three inmates back into custody.

efforts using all available resources to capture the two escapees who are outstanding. >> the three inmates were behind bars for violent crimes it is the first jail escape since the 1980s. >> you have to hear this. details on the case a family from alabama who wants to sue disney. they are suing. matt morgan took over the case and will file the lawsuit. morgan said rebbeca barry and her family visited the animal kingdom and a snake fell out of a tree. wrapped it around the boy and was bitten. the snake was not venomous. the grandmother saw what happened and thought she was having a panic attack. when it continued -- continued she went to the hospital and she suffered a heart attack. she died two days later.

event of the snake falling on the young boy and the grandmother witnessing this was the proximate cause of the death. the question in the case becomes, was animal kingdom aware or should they have been aware of the presence of snakes on the property. that's what we have to investigate in the matter. >> well a spokesperson says that the snake was wild and not one of the snakes that belonged to the park there. and the park says the boy was treated with a band-aid and the family was asked if they needed paramedics they said no. >> and there is new information in the case of a missing indiana university student tonight. the f.b.i. searched the proper of justin wagers. lauren spier went missing after cring drinking at a sports bar. he was arrested in ought on

he is being investigated in other similar incidents. very scary. >> in texas, a judge will allow the affluenza teen stay in a juvenile facility. ethan couch and his mother took off to mexico and it was investigated if he violated probation n a drunk driving crash that killed four people. they claim his upbringing prevented him from understanding the consequences of his actions. michigan's governor today signed 28 million doll year -- $28 million into law for flint it will pay for bottled water, testing kits and nurses at cool and -- schools and hire to see if the pipes have to be repaired or replaced. problems started in 2014 when they switched water sources.

push to advance equal pay for women a new rule requiring temperatures with 100 or more employees to report bay d.o.t. by race and gender and ethnicity. and it will have salary information. already submitted to the eeoc. and that includes employee's sex and age. the president said there is a lot of work to be done in the area. >> we still have to get more women and girls in the science and technology and engineering and math. we have to make sure they are not held back in the work place for starting a family. >> the act which loosened the statute of limitations which workers can sue employers for pay discrimination was the first bill the president signed into law in 2009. and it is something that many of us take for granted.

allergic is finally getting that chance. it is all thanks to a suit that helps beat his allergies. we have more tonight. >> this six year old loves playing with his brother ronald. because of his skin disease, the child is a prisoner of the sun. >> to be close in the apartment and to out only after the sun sets. >> and a production manager filming a story about tomas for a show 7th heaven. it helps people in the country with severe or life threatening injurys. >> and there is no other kid with this, he has a rare genetic disorder. it means his skin cannot repair damage done by the uv light which is contained in the sun. if he goes outside in the sun

minutes it could cause blistering and skin cancer, my gosh. >> the show reached out to terry breese solar protective fact factory which manufactures clothing that blocked 99.8% of harmful uv light. , at the request of the show he flew to cape can of a cape canaveral and flew the game there as well. we were invited to watch as he got two sun proof suits at the show's expense. one geared up. you cannot see much of tomas and neither can the sun. that brightened his mother's face. she could not afford 29,000-dollar hand made suits. >> she cannot find the words to

>> the first thing was escape to the outside for the first time with his brother. >> it is a blessing for me this part of my life to do this kind of thing i -- i never dreamed i would get to go around the world and set kids free. >> now the family is free to explored the space coast together and anywhere else under the sun. in cape canaveral. coming up. what do you do when you get nervous, bite your nails, crack

there is a way to kick the whether we know it or whether we know it or not, many of us have a nervous habit we bite our nails, that's what i do, pick at our skin or figureet. some pull out hair or crack our knuckles. that can lead people around us cringing. how do we try to break that habit. and dr. jo shows us how. they're little quirks that calm us. we bite our nails. crack our knuckles. play with our phones. , we all have habits that we wish we do not do so much everyone is stressed out. >> and dr. caslo said they are a little ajoying to those around us but not a big deal until they become one and they cause friction in relationships or negatively affect how we feel about ourselves.

who do it, it really can get extreme so for example they bite their nails and the nails are cracked they get red and there is no nail left. >> the more do you something the harder it is to stop it. how do you break a nervous habit? and. >> and the first step is to be more aware of what you are doing. >> and figure out what makes you do the habit and figure out solutions to that stress. >> when you catch you picking up your cell phone or cracking knuckles, stop and restrict your attention to something else. or do the opposite. >> so let's say that are you a nail biter maybe you would go

focus on your nails still but keeping them nice. >> for the fox medical team. have you heard about the curtain of distraction. a gold medal of winner is in the center. you need to watch the curtain of distraction. and girl's basketball team to two championship games. this relooking for a title.

we go out to seffn this is a fun segment. >> hook at what is trending, we can and never. >> and stay here. >> that's okay. >> you go. >> he pulled a donald trump. >> come to me, i'm gone. >> we're going to talk about him. >> we'll talk about him. >> come here. >> you know when we teach our kid was sounds animals make what does a goat say? >> you know baaa. >> that's a sheep. >> but a maaa.

want to do these, they make weird sounds. >> this >> let's see this. [ laughter ] , he is begging for food. >> he is trying to tell the kid. >> where is cynthia, she would know what he is saying, go to google translate, the goat whisperer. >> maybe goat subtitles for that >> i cannot get over the sound it makes. >> , that's an aggressive goat. >> scary. >> okay. >> this next one. >> this is not scary. >> and who wants to do this. >> and it is my turn.

little baby panda and this woman who is able to hug pandas and you ought to see this. it is the best job in the world. that's her job to hug baby pandas. we're not sure why she is wearing the blue hazmat suit to protect the pandas. >> they are precious, how great is that. >> her stress level must be nothing. >> this is her job she does this, hugs pandas. >> she is acredited by the national panda association. the npa. >> why didn't my guidance counselor tell me about that job. if you want to be a pro snowboarder start early. this is. he is one.

yet and having no problem. >> that is weird seeing two ligs in trending. >> i bet he cannot walk but he is locked in and stand up and help him get his balance. >> the 2036 games. >> we need to remember his name. >> shawn white, look out. >> precious. >> i cannot wait for chip. there you are. >> i cannot wait for to you do the sports and the michael phelps thing. >> this is after weather, i don't have to do weather. >> we have a lot going on. a big weekend. let's look out. rain fall today. this is for the month.

and normal for the month. that's triple the average. they will dim. we will not see any rain, precipiation but to see a blew sky that will not happen. rain now has kind of cleared the state it is well south of us but high clouds are and it is a continuation you say how can that be with the high clouds rating along the jet. we'll go with cloud cover over the weekend. a cool afternoon in the low 60s. sun set is coming up just after

the air mass is dry. dew points -- dew points in the 30s. they will diminish and tomorrow not much wind at all. anyone on a boat on the way, it will be fine. the bay waters should be smooth. high crowds -- clouds could block the sun. light and variable. mostly smooth. that's good as well. 61 dew point and west wind at 10. around the country not a lot happening in the east as high pressure dominates from the great lakes. out in the west. a different story another round of rain and snow moving in. up by park city rain and snow from san francisco up to british coal cole.

33, we bomb out. sunshine in the 60s. mostly cloudy. we'll go filtered sunshine. sand dimmed by the clouds. 73. the other next week does not look great. the south wind or southwest wind. some sea fog and a mess of thursday friday, saturday and sunday in the 60s. >> and you know teams click. there is a team that is loose. and in the super bowl. like the panthers. seffner knows that part of playing together is having fun

that's made the governor coach's job better, off the court it has been a special season. >> and joe cooper inherited a lively bunch. he's never seen a team have as much fun as these girls do. >> one thing we learned about the group they play for each other. and they buy into the concepts. and they have been working hard. it is paying off for them. >> and they play unselfish basketball but they are loaded with attempt. this very not lost a district game since 2010. and a handful should play at the college level. one of those is brlie bertrand shooting 5 0% from beyond the arc. >> she is on pace to break the school record by next year. >> as a sophomore, she could

then there is chelsea hall, averaging 20 point as game. she knows she play as big role on the -- role on the team it is not as big as the team. >> how we work together our team chemistry that sets us apart from others. we don't argue as much and pick at each other. we have to be positive. if we're down we come together and have fun. i think that's why we win we enjoy ourselves. we're not just out to play but have fun and play together. >> now in the playoffs, they hope the fun will continue as they try to bring home the first state championship. >> that would just be great, great, we're hoping it is our year. we'll compete and see if we can get it done. >> whether they win is not clear but they will enjoy the quest for the state title.

tin of distraction? adds adds -- arizona state students do it. throw. the students under the basket rip open the curtainand anything or anyone behind it. then on the second. it is ripped open. this curtain had an 18 gold medal winner in it. look at it. there is the curtain. the players are about so shoot the foul shops. and michael phelps the crowd is crazy. they close it. then open it again and this time he is out there one more time in his speedo. he is training for the olympics at arizona state and coach there when his career is over. i'll tell you he is having a good time doing this.

to show up for that. >> what is distracting about that. right under the rim, too. that's unbelievable. >> that's not fair, that is crazy. >> if i had 18 medals would i dress like that every day, if i

like that, the swimmer's big gains in wall street ended the week.

companies and stocks soaring. the nasdaq climbed 107 and the s&p up.

mark and kelly are back deputy timothy virden acted contrary to law and did not accept responsibility for his action. >> the sheriff said this deputy lied about the shooting he was involved in. why the sheriff says things just did not add up.