just a piece of the evidence piled up against now, former deputy, timothy virden -- he shot dylan tompkins-holmes while he was handcuffed in the back of this cruiser last month -- claiming tompkins-holmes managed to grab his gun -- the video and audio showing a completely different scenario -- "dylan tompkins-holmes was being mouthy, that's it." sheriff bob gaultieri -- walked through the entire investigation -- showing pictures of the scene -- and a gun holster -- proving his deputy's story was a lie. "he has to have taken his hands, come around like this, been able to, while handcuffed, do this, do this, do this, and then get the gun out -- didn't happen." all while being 3-and-a-half times the legal blood alcohol limit -- on top of that -- another deputy was on the scene -- who says tompkins holmes he turned away for only two seconds when the shots were fired. not enough time for a struggle -- which the audio didn't capture anyway -- "this is all inconsistent with deputy virden's version of events." tonight, the sheriff is defending his own actions as well -- on the morning of the shooting --

there was no justification for shooting dylan tompkins holmes. andrea: he's still recovering from those gunshots. he declined to comment. brooks: good friday afternoon. i hope you had a good friday and the week. we ended the work and school high of 66, that's only six degrees below average, but the sunshine sure felt nice. the weather headlines, plans for the next few days, high clouds and a mild weekend, soon as you know it we will be wack into the 80 physical daytime highs. thursday and friday another soggy, cool system comes into play. gorgeous scene unfolding right before our eyes. looking live from our visit orlando tower cam, beautiful scene shaping up with the sunset and gorgeouslectomy. breezy conditions outside. i think in two or three hours most of the wins will start to go calm. temperatures upper 50s and low 60s right now. back to the west, see the warmth, 70 in houston, 75 in dallas and 73 in oklahoma city, all that warmth is headed in our it begins tomorrow. also of note this is satellite, you can see awful clouds streaming over the

investigators came to the same conclusion, john's pass, sheriff's deputy tim virden did not shoot dylan tompkins-holmes in self defense. >> there is no way what i just described to you where somebody is handcuffed behind their back, sitting down like this who is a .28 drunk can reach around, do this, do this, do that period of time of the can't happen. >> virden who was fired has been released on it thousand dollars bond. the sheriff apologized to tompkins-holmes say the 26-year- old may have been drunk and mouthee but did not deserve to get shot. the sheriff also agreed to pay his medical bills. >>> we've learned before signing on with the sheriff's office he was an officer with the same police department. in january of 20303 he was -- 2003 he was recognized as an outstanding employee. >>> keeping you safe and secure for gasparilla tomorrow. the reputation for handling such large scale events is so good other police departments are taking note. more than a dozen commanders from departments all across the country they are here in tampa >> what they focused on is quit reacting to things, they've got rea

now, in this video, you can see deputy virden and another deputy walking a handcuffed dylan tompkins holmes and you can see his pants fall down. he said that he was helping holmes get his pants back on when he grabbed his gun. holmes was also three and a half times the legal blood alcohol limit. the sheriff says there's no way all of that happened. >> he has to have taken his hands, come around like this, been able to -- while handcuffed, do this, do this, do this, and then get the gun out. didn't happen. has already fired that deputy. now, that deputy turned himself in earlier today. he has already bonded out of jail. i'm reporting live in pinellas county, clifton french, abc action news. >> thank you, clifton. >>> we spoke to a member of holmes' family this afternoon. they tell us he has been at home recovering for a few weeks. they did not want to comment on the arrest but they have retained an attorney. the sheriff offered to pay for medical bills for holmes. >>> a woman who ran down a little girl and tried to get away finally under arrest. ryan raiche is live covering polk county for u

the deputy, timothy burden claimed it was self defense he shot dylan tompkins holmes. the sheriff says there was never any struggle over the gun and that the deputy flat out lied. deputy burden is out on bond. >>> after bad weather brings cruise passengers vacation plans to a screeching halt, they're now finally on their way. the carnival paradise delayed a docking because of thick fog. off of the ship and others had to spend the day in tampa. the fog finally burned off and plans resumed. passengers we talked to said they made the best of a bad situation. >> there is nothing we can do about it. it is disappointing but -- >> nobody is hurt. everybody is good. we made the best out of it. >> carnival cruise line gave those delayed a 50% refund on the cruise and 50% off of a future cruise. >>> presidential candidates are crisscrossing the state of iowa campaigning for votes days ahead of the iowa caucuses. news channel 8's keith cate travelled to iowa where volunteers of florida senator overtime. >> good morning from iowa. these candidates. come monday night at 7:00 p.m.,

the deputy, timothy burden claimed it was self defense when he shot dylan tompkins holmes after he pulled him over. the sheriff says there was never any struggle over the gun and the deputy lied. he is out on bond. >>> it is gasparilla saturday and the invasion and parade are hours away. if you're staying at home, watch the festivities live on news channel 8. co-hosting and jennifer holloway will be the pirate reporter on the street. our coverage begins at 2:30. >>> let's go to meteorologist bryan bennett for a look at what we can expect as we head out to the festivity s. good morning, we have partly cloudy skies, looking pretty good. temperatures are cool right now. 57 degrees, but not too bad of a day considering it has bee wettest january in a long time. and a good day to catch beads. you don't have to worry about them slipping out of your hand. temperatures will be warm and there won't be any rain for them to be slippery. right now we're 56 degrees and satellite and radar pictures showing dry conditions, a few, high, thin clouds, gasparilla pieft fest voeshth. during the in-- pieft fe

dylan tompkins and his girlfriend were pulled over for drunk driving. deputy told the pinellas county sheriff holmes grabbed for his gun. after reviewing the evidence the sheriff says there is no way the situation happened like that. >> this is especially hard as i believe that tim burton is a good man and a deputy who dedicated his life to law enforcement and by all accounts up to this point had a good >> deputy turned himself in this morning but has already bonded out of jail. the sheriff has offered to cover holmes' medical bills but she expected to be okay. >> orlando city commissioner regina hill is speaking out tonight about the death of her daughter. >> a new report finds that bleach ple played a role in her death. >> it didn't take long for commissioner regina hill to break down when thinking of her 24 year old daughter deboyce de. bleach in her system and lungs was a contributing factor. the tallahassee police isn't saying much else. investigation. we have assumed assigned it to a detective from our violent he is currently interview any witnesses witnesses and processing the evidence. >> th