but not one served a day of time. ty attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. >>> new, winnie-the-pooh has a new friend named penguin and he turns 90 this year, with four new stories and a new character. inspired by his original creator and his son playing with a toy penguin, set for release at the end of the good cause. paul's annual carwash is underway at the desert ridge marketplace. it benefits big brothers and sisters, how has the crowd been? >> let me get it for you. amazing crowd and i think the weather has something to do with it, record numbers, we had over 100 vehicles and you know what, look, all of our volunteers are working so hard. and price water house. we get big names to show off. and one of my heroes. in oregon, dan o'brien, he's the elvis of everything in the state of the oregon. >> i love living in the valley. and when someone says it's for athlete. >> i

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. a county attorney for us all. allegations against pinal county sheriff paul babeu. at a massachusetts private school. she is sick of hearing sheriff paul babeu lie. allegations of abuse of power. another headache, the fbi has subpoenaed records. lawsuits regarding abuse and neglect. questions of babeu's integrity. new page of controversy. a question of judgment. ultimately voters are going to have to decide if he's the type of candidate they want in congress. dccc is responsible for the content of this advertising. >>> tonight, arizona is a political battleground. a once conservative strong hold, our state could play a key role in the election, 3 weeks from tomorrow. the latest poll shows donald trump with a one point lead over hillary clinton. and with these new numbers, the heavy hitser. michell

bill montgomery prosecution of those cases -- that is what plaintiffs in this lawsuit clinton versus arpaio will be asking federal jud campbell to do today. some 80 of those raised over the years have been unconstitutional and have broke apart countless families. the plaintiffs will argue and today they will ask the judge to stop all of that permanently. spirit once again joe arpaio is in court spending taxpayer money to defend his unjust, unconstitutional policies. accepting his wrong, he is stepping up and fighting. >> reporter: lawyers will argue that joe arpaio has the constitutional right to carry out these rates. we will tell you how it plays out. i'm mike watt case cbs 5 news. >> what are the odds he could end up in jail? that could end up on the outcome of the election. ric could reach a deal for joe arpaio if he steps down willingly but only if the voters don't do it first.>> i would not be surprised if the united states attorney does not try to work a deal where he resides from office, resigns from office and pleased to a misdemeanor and pay the fine. >> reporter: in exchan

the group says arpaio and county attorney bill montgomery violated the constitution by using parts of two arizona laws to raid businesses. mcso rounded up several undocumented immigrants in the raids who were using fake i.d.s to get work. the raids were district court ruling of a judge there last year, but the ninth u.s. circuit court of appeals lifted that injunction earlier this year. steve krafft is in the courtroom for us. we will have updates on social media and also on fox 10 news at 5:00 and 6:00. >>> top honors for our weatherman, dave munsey. today he's being inducted into the arizona broadcasters hall of fame. congratulations, my friend. dave has been at fox 10 for a number of years, earned awards initiatives. he'll be at talking stick resort this afternoon. >> yay, dave. >> good man. >> you think phoenix news, you think dave munsey. 41 years he has been here at fox 10. >>> still to come noon, why a southern arizona lawmaker believes the city of tuscon is breaking the law when it comes to guns. >>> despite the recall, things at noon. with troy hayden and syleste rodriguez. >

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences and equal justice under the law. vote for diego rodriguez. >>> the battle to retake iraq's second largest city could last weeks even months. that's one of 5 stories in 55 seconds. the offensive mosul from isis militants will involve more than 25 thousand troops. the u.s. is providing air support and will serve as advisors on the ground. >>> college grads are leaving the school with more debt than ever before. the average under grad leaves school with more than 30 $30,000 in loan debt that's 4% higher than 2014. >>> bob dillon won the 2016 noble prize for literature but he doesn't seem to care all that much. award says it can't get ahold of him. the awards are presented in december. >>> the smith stephen yam needs $300,000 to preserve dorothy's ruby slip perz from the wiz ard of oz. . >>> president obama with host the final steak dinner of the president evens. the eye stale

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime it could be all in your dna. genes could actually play a role in whether some women will experience uncomfortable symptoms of menopause. >> like many women, betty glick has experienced hot flashes from menopause. spirit the immediate thing is feeling flush with heat. for me it is normally from the neck up. i immediatelyst genetics may determine which women suffer with the common menopause symptom. researchers at ucla look at data from nearly 18,000 postmenopausal women and found women with gene variants, the defective part of the brain that regulates estrogen were more likely to pop flashes. >> the first study ever done to look across the genome for hot lashes and my sweats. and night sweats. researchers say the writings could lead to new treatmts to help relieve menopause symptoms. >> it will lead us to figure out the biological mechanism for hot flashes

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. in court defending himself that he's not doing his job. he failed to serve warrants for violent crimes. he didn't even investigate when children were molested. and lawsuits against him have cost taxpayers over one hundred forty two million dollars. we need a new sheriff whose top priority is keeping our community safe. that's why this year, i'm voting for paul penzone. >>> mostly sunny sky, and that's gonna continue into tomorrow. here are the weather headlines. some warm afternoons as we get above average. nice mild mornings down to the 60s. showers later into monday and tuesday of next week. the winds, gusty around bullhead city. futurecast shows you those winds will continue. mainly in the upper elevations. toward globe, stafford, that area. gusts up to 30 to 40 miles per hour. clear skies from

sweetheart deals, because, with county attorney bill montgomery, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. now at nine. the >>> now at 9:00, the sun -- uncertain future for execution in the state. why the state is promising not to use lethal injections drugs anymore. >>> what has scientists more sure that california is due for a massive and destructive earthquake. >>> the presidential candidates making their final stand in sin city and this time, what happens in vegas, doesn't stay in vegas. capture undecided voters tonight? >>> with three weeks before the election, everything is on the line for donald trump and hillary clinton. >> let's go to john hook who is live in las vegas covering this important moment. john? >> reporter: kari, i will tell you, i don't think there was in knockout punches. hillary clinton held court. donald trump had a better performance from debate one probably debate two. they had interesting exc

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, and equal justice under the law. vote for diego rodriguez. . >>> good evening everyone. it was a fire that could be seen for miles. that apartment complex under construction up in flames to. night fire investigators say they have a person of interest in this case. we're joined live with who they're looking for tonight. lauren. >> reporter: there is not much left of the buildings. fire crews are still here talk to a young man who was seen in the area just before it break out. the smoke and flames coming from the pick & rollly constructed condo community could be seen for miles. five buildings still under construction caught fire saturday night. >> i was just kind of sad. i feld bad because we see it everyday. we work here at the clinic. it thought it was so devastating to do that work and >> reporter: gilbert fire said they're not ready to say if arson is the cause. >> we're investigating all leads at this time. >> reporter:

out-of-control corrections officers arrested. ty attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. a county attorney for us all. tect them earlier -- de >>> a quick look at the valley pinpoint forecast. the san francisco peaks, gorgeous sunset, and a sunset taking a few high thin clouds out there. should make for a very high sunset. temperatures starting to cool down a little bit. high today of 92. 91 outside. 2 degrees above average. 64 in flagstaff. we're gonna start off the morning in the high country, close to that freezing mark. so keep that in mind if you're heading out and about. some of the clouds, weak disturbance, light showers north of the stafford area. we're gonna stay dry. sunny conditions throughout workweek, into the weekend, temperatures above average. overnight low dropping down to 33 degrees. 34 around the south rim of the grand canyon. 40s in prescott, temperatur

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. >>> online registration ended about 30 minutes ago for the 9th annual run and walk to beat colon cancer. it is this saturday. if you missed the deadline, show up saturday morning. you can still sign up in person. at pokimon stops all before and years... but lately, he spends so much time on tv or in court defending himself that he's not doing his job. he failed to serve warrants for violent crimes. he didn't even investigate when children were molested. and lawsuits against him have cost taxpayers over one hundred forty two million dollars. we need a new sheriff whose top priority is keeping our community safe. that's why this year, captioning sponsored by cbs >> stephen: elijah wood! so great to have you on the show! >> i'm happy to be here stephen... again. >> stephen: you were on this show befo

sweetheart deals, because, with county attorney bill montgomery, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. >>> beautiful day in the high country. nau, look at this! the san francisco peaks. nice sunshine today. 77 in prescott. sedona at 77. for us, temperatures above average. 96 degrees. gorgeous sunset right now. friday night, 94 degrees, winds nice and calm, looks like temperatures will start to drop down into the 80s once that sun sets this evening. clear conditions here, clear skies down to the south. a few high, thin clouds around areas of the storm pushing into the pacific northwest. round 1 of the rainfall happened overnight last night. look at all the showers expected for tomorrow. and another large area of low pressure will start to push inland off the coast tomorrow morning, 8:00 am. heavy rainfall through sunday, monday. potential flooding situation out upper 60s in phoenix. mid-50s in sedona. 38 in flagstaff

sweetheart deals, because, with county attorney bill montgomery, there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. a county attorney for us all. >>> their own personal pep rally. no doubt the motivation for an arizona cardinals game trying to prove their season is still worthy of expectations. carson palmer nursing a ham spring injury. receiver john brown is do you feel, diagnosed with sickle cell traits. but he finally has the answer to what's been causing leg pain in the past two seasons. he has not been ruled out for sunday night. >> i wanted to keep an eye on that. that's certainly their reputation. >> that's why they call him a pirate. mike leech fined $10,000 comments. his second straight season that he's accused the sun devils of stealing signs. gonna be very interesting on homecoming. asu welcomes theues to tonight sunday night. >>> a no-show at media day today. he was supposed to be the media representative for the players but was subbed out. john miller declin

but not one served a day of time. because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. >> >> the volunteers have been out at desert ridge marketplace washing your cars for paul's car wash. you still have two more days to help paul pay it ford big brothers big sisters of arizona >> reporter: you're looking [ cheering and applause ] >> reporter: doing a wonderful job. wonderful donation earlier this evening. jessica whitney lives here at car wash as well with me. we're like brothers and is sisters here. this is the background of what we planned all year. tomorrow dan maerl is showing up. and the owner of the cain well. we'll have to see. i knowledge we had a successful day. >> we had an incredible day. >> reporter: how many cars have we washed? >> we've wash 355 cars weret >> reporter: yeah! we have is a lot of giveaways for tomorrow. >> an amazing grumpy cat. >> repor

. >> bill montgomery a vocal opponent of marijuana legalization says prop 205 does not do what it promises. >> they say it will promote safety but we'll see cartel move in to take in with the grow language just like colorado where they have to deal with residents moving in to take advantage of the market. >> they also say the money won't go to education that will have arizonans 21 and older could possess under an ounce of marijuana and grow up to six plants for personal use. >>> in the race for the white house, the presidential campaigns begin their final battleground blitz. lauren blanchard has more. >> reporter: both campaigns know it is now a sprint to election day with get out votests in full swing. donald trump rallying up crowds in north carolina saying he thinks they are going to win. >> early voting is underway so make sure you send in your ballot. we cannot take a chance of blowing it. we cannot take a chance. we have something. we're so close. it is a moment like they have stuffing for his wife in the subscribing state of florida. >> it is so close to the election. we're going to

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences and equal justice under the law. vote for diego rodriguez. i learned as a police officer and a businessman you should never abuse people's trust. unfortunately, today too many politicians either serve their party or themselves, and arizona families suffer. the arizona republic called paul babeu a disgrace. babeu spent $28,000 of taxpayer money at a five-star resort and was questioned by the fbi o'halleran: i'm tom o'halleran, and i approve this message, because you deserve leaders you can trust. >>> new video of that deadly crash in coronado involving an arizona couple. these are the moments strangers rushed in to help. it was all captured on a facebook live feed. witnesses say the driver who is a navy man, had his phone in his hand when he was pulled out the couple who died, cruz and anna marie contreras, were from san diego. investigators say the driver who plunged off a

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. a county attorney for us all. a 13-year-old boy in >>> a 13-year-old boy in fort worth, texas, gets a chance to fulfill his dreams that he had for his entire life. the autistic teenager receiving a valuable lesson in team work along the way. autism and his goal has been toker to a -- score a touchdown. members of the football team agreed to let him get on the field and score a touchdown. >> the joy that this kid brought to the team is amazing. >> it is about sportsmanship and looking out for your brother. >> when i scored a touchdown, we did great and the happy and excited. it was so awesome. >> that is a beautiful thing because it brought the kids to this point. josh is going to remember this always but i think so are those kids, too. >> reporter: it created a lasting memory for josh. >> they are my best friends that i ev

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. a county attorney for us all. supporting the bid to legalize recreational marijuana in arizona. mark taylor join us now with the detail. mark? >> reporter: friday night services are ab to start here at temple high in north phoenix. one thing synagogue members will be talking about is prop 205. several members came out and are saying vote yes. >> while judaism doesn't pr it doesn't prohibit it. >> reporter: rabbi smulicious medo wishings cz. >> the jewish community in america understands need for criminal justice reform. >> reporter: he's one of dozens of groups speaking out in support of proposition 20357 they say current marijuana laws hurt arizona families by gliominor jug awns. >> people forget that etch an arrest can destroy destroyed's life. >> reporter: reverend a.m. exed anker sharp is from faith- based organization aimed at improvin

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. cities can opt out of the law but critics don't see it that way. cbs 5 has answers on what cities can and can't do. >>> we have 48 different time. >> this is the cultivation site. >> after these root they go into these cubes. medical marijuana growers face new rules about where they can set up shop and in building rules apply under prop 205. >> the act even let's cities and towns ban recreational marijuana businesses if they put it to a public vote. >> you can't ban retail pot shops if you have medical marijuana operating there. >> the county attorney said just look at the map, existing medical marijuana dispensary are grandfathered in and on top reorganize and sell to recreational users. >> the reality is 90% of arizona has dispensaries so we can't ban the pot shops, but the law allows them to ban the retail shops and two

sweetheart deals, because, with county attorney bill montgomery, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. that is only a tuesday, but we have -- , but we have some good news. here's sports. >> let's start with cardinals, palmer has been cleared to play, he will be the starter against the jets. right now, mark mcluhan has the skinny in the sun devils and a couple award- winning performances from saturday night against ucla. >>> against thlo sun devils trying to figure out who is playing quarterback, many walk-ins trying to return, todd graham said he's hopeful. >>> good news for the sun devils, they are five and one ranked in the coaches poll this weekend have the reigning play of the week, guns -- gonzales on special team and ball on defense. >>> trying to repeat retrain my know, not always about getting the big hits i like to do it's about getting it down. by -- i do like to hit. i mean 60 of the season -- 60 of the s

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. ? >>> a new treat heading to store shelves. it is caramel-flavored m & m's or do you say caramel? >> i don't know what i say. >> i say caramel but then you feel high class when caramel. they are described as rollos with a crispy shell. they will not be available to the public until next may. >>> people receiving social security will not get much of a cost of living adjustment in the next year just a .3% increase that is $5 a month. things could get worse. retirees received no cost of living increase over the past making some cuts that sales in the u.s. continue to be down. the layoffs are expected to affect 300 workers. >>> finally let's head to wall street where stocks are finishing the day in positiver the or territory. nasdaq climbing 44 points. big winner is netflix that jumped 19%. richest person in america. amazon's

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, and equal justice under the law. vote for diego rodriguez. >>> an arizona police department could be shut down because of their connection along the arizona utah border. and this decision could be historic. >> reporter: pulling the plug on the flds. a jury found the 7-man colorado office guilty of discrimination. now a federal judge is set to decide how to fix that, with justice department lawyers calling for the marshal's office to be completely disbanded. >> you're representing the people of arizona. are you doing the bidding? >> reporter: i confess. >> you're a sworn police officer. anything you'd say to me? >> reporter: i've been chasing down colorado city's cops for >> i know who you are, sir remember >> reporter: confronting them with their crimes and exposing their deceptions. >> i understand many of the law officers. >> i'm not gonna comment on that. it's personal business. >> i'm not neared teenaged girls. >> neith

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. >> nobody taking any selfies. [ laughter ] >> not the high, 93 tomorrow. overnight low 67 degrees. >> that's gonna do it for us sheriff paul babeu was headmaster at desisto school in massachusetts. a boarding school rife with abuse. a lot of things went down that probably shouldn't have. this isn't about abuse or neglect, because none of this was found. except these records show the state found it, students and parents testified about it, and a judge ordered it to stop. the cornering, the sheeting, i didn't know how to live and function as a normal human being. captioning sponsored by cbs >> stephen: hey, jessica, thank you so much for being here. >> of course, my pleasure. >> stephen: i want to tell you, i'm a huge fan of your "honest" company. i use your products all the time. >> thank you, that

. >> reporter: bill montgomery plans to prude any threat to the full extent. what seems like a joke could hurt you beyond high school. >> you're gonna have to communicate to a college or university that your immature, behavior doesn't really show who you are as a person. >> it's horrifying >> reporter: he is thankful for this tough >> i don't think they're thinking at all. >> reporter: investigators say don't think social media will be a shield to make these scary clown threats. >>> gilbert public schools issued a letter to parents about the scary clown threat. "these threats like all others are investigated and appropriate action is taken when necessary. remind your children that they should not start rumors about clown sightings as a joke or to scare someone or participate in any related prank." >>> holy fundraiser, a valley boy is raising money to help build a bigger and better tyson helped collect $20,000 for the colton colwell foundation, helping kids fighting an illness experience a real live bat cave they get to open a sliding bookcase, slide down a pol

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, for violent crime and equal justice under the law. vote for diego rodriguez. look - i supported joe arpaio for a lot of years... but lately, he spends so much time on tv or in court defending himself that he's not doing his job. he failed to serve warrants for violent crimes. he didn't even investigate when children were molested. and lawsuits against him have cost taxpayers over one hundred forty two million dollars. priority is keeping our community safe. that's why this year, i'm voting for paul penzone. check out arizona's new >>> arizona has a brand-new snowplow and it is called a tow plow. i think this is an awesome idea. >> reporter: why, troy? >> it is towing something. >> no, it is being toyed. it can -- being towed. it can sit in the back. >> reporter: is it like sitting in the back of a fire engine? >> i don't think so. i think it is one operator and steer this thing around and clear up to two lanes at once. stee

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. ego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. a county attorney for us all. you think denny's new pancakes are only for breakfast? well denny's new pancakes don't obey the laws of time. look at them, they don't even obey the laws of gravity. denny's all-new fluffier, tastier, better pancakes. >>> all new, who could -- would do it? that's the question a -- after a couple of service animals are dog-napped and dumped. just now hearing from the owners who have a tipster to thank. >> the dogs were spotted near the park near 60 seventh and camp bell. one was ok hurt. the missing fliers still flap in the night breeze. these service dogs disappeared near their home last night. >> i specifically stated they were service dog and it was really important to get back. >>> reporter: the couple said the dogs are part of the family but they also serve an important role. >> they provide

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. >>> the names of 119 are engraved in the granite. and there's room for another 200. sadly enough, firefighters will continue to die in the line of duty and their names will continue to be added on an annual basis. >> there is no higher form of public service than putting hundreds of people gathered for a special service to honor those brave arizona heros. jessica parsons was there. >> under the sound of heavy bag pipes, hundreds stand in silence, remembering firefighters and paramedics who lost their lives in the line of duty. >> when it happens on sunday, my earthly life does end. please bless with your protecting hands my family and my friends. >> each year, this memorial arizona's fallen. 119 brave heros since 1902. the purpose, not to mourn, but to remember. >> this is the sacrifice that first

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. >>> all weekend the southwest cannabis conference is in downtown ffshgs. it's a one -- phoenix. it's a one-stop shop about the business side of medical marijuana, expected to be a $20 billion industry in the next five years. it will sheks medicinal products and explain the impact of the upcoming vote on recreational marijuana. people sitting around smoking. these are adult business people, young professionals, moms that are interested in learning and finding out what this means to our community. this is important. educate yourself. what is the change you're gonna see in arizona? >> voters will decide if recreational marijuana should be legal here in arizona on november 8th. >>> we've been talking about it for months and tomorrow dolphin heiress opens its do the park has eight bottle nosed dolphins

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences and equal justice under the law. vote for diego rodriguez. allegations against pinal county sheriff paul babeu. paul babeu exposed in a damning home video. accusations of widespread abuse at a massachusetts private school. she is sick of hearing sheriff paul babeu lie. allegations of abuse of power. another headache, the fbi has subpoenaed records. lawsuits regarding abuse and neglect. questions of babeu's integrity. new page of controversy. ultimately voters are going to have to decide if he's the type of candidate they want in congress. dccc is responsible for the content of this advertising. ? >>> bonnie raitte is in the valley tonight. fame. >> paul mccartney puts on a surprise performance for 100 fans at all bar called papi's and harriets. the former beatle was on stage for a couple of hours. mccartney is playing at the desert festival. ? >> yesterday, he won the nobe

maricopa county attorney bill montgomery warns don't think social media will be your shield. >> we want anybody else thinking about this to understand that there are real consequences. and this entire >> reporter: a manda is thankful for the tough response because even one letter home is unsettling. >> i don't think they're thinking at all. >> reporter: the jufb niles arrested so far now have a misdemeanor o >>> arizona is t clown craze. a 9-year-old michigan boy said he was attacked by a knife-wielding clown. justin belcher was climbing a tree outside of his home in sterling heights, and when he got down, a clown was standing there. the clown had a knife and cut him before he could run away. >> so you're saying this is a clown attacked you here tonight and cut you with a knife? >> yeah. >> and you know a lot of people take this seriously so you have to be honest. after you with a clown outfit on tonight? >> yeah. >> how scared were you? >> i was like -- a lot >>> he could have killed my kid. apparently that wasn't the only clown in the park today. there was another one over on that blo

out-of-control corrections officers arrested. because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. james p. walsh: to keep our community safe - we need a sheriff who will put fighting violent crime ahead of his own political agenda. decorated crime-fighter for over 20 years. a police officer, undercover investigator, and dea task force agent of the year. paul penzone caught murderers, put drug kingpins behind bars, and created award-winning programs that protect our community. paul penzone... >>> today of the first day can you cast a ballot. >> supporters of certain issues on campus at asu. >> reporter: proposition 205 initiative, which means it came from the people and not the lawmakers here at the state capital. it is a controversial issue, legalizing marijuana. and while you may assume all law officers oppose it, that's not the case. >> do you know what proposition

. >> the max attorney, bill montgomery, argues there is a big difference and the difference is deter resnik. >> the fact that it's a misdemeanor allows us to offer a diversion program and the motivation to complete the program is obviously different. >> reporter: cbs 5 investigates reached out to the attorney who helped draft prop we want to strap a kid with a criminal record for making mistake with a substance that is less harmful than alcohol? >> morgan is joining us live. other states have legalizeed spot. what have they done for the penalties for kids? >> reporter: colorado legalized it a couple years ago and the penalty there is the same as alcohol and that's a misdemeanor. >> wow, thank you >> neighbors in tempe who have questions about flight path changes can get answers from city leaders. that's wednesday 6-7 poteet. representatives from sky harbor and city of tempe will be there. also in tempe tomorrow, the city will break ground on a houseing community for veterans called valor. veterans services, counseling and a career please center. >> for nissan other thans, the governm

sweetheart deals, because, with county attorney bill montgomery, there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. a county attorney for us all. allegations against pinal county sheriff paul babeu. paul babeu exposed in a damning home video. accusations of widespread abuse at a massachusetts private school. she is sick of hearing sheriff paul babeu lie. lawsuits regarding abuse and neglect. questions of babeu's integrity. new page of controversy. a question of judgment. ultimately voters are going to have to decide if he's the type of candidate they want in congress. okay. we are giving away four tickets for the opening game of the phoenix on on october 26. the number is years -- is on your screen. the fifth caller wins. >> breaking news criminal contempt charges have been filed against sheriff joe arpaio. we have information coming out right now on our free mobile app. wrote to the website or our can pull up the documents that have just been filed against sheriff joe a

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. a county attorney for us all. one virginia woman is >>> a woman in virginia is into extreme couponing and not by hers. she has dedicated her time to feeding the hungry and in so doing, she has figured out a way to do all of this at a reduced price. what may look like madness to others. >> all of the parents saved their newspapers and they donated them to me today. >> reporter: lauren collecting the sunday coupons getting help sorting them from her two boys. >> they love to help. >> reporter: lauren has been feeding the needy for a few years but it reached a point when she couldn't afford it. >> i was able to get both of the items for free. twenty-eight-cents a bag so i'm going to coupon like crazy for the meatballs. i got the free. >> reporter: when she realized what was possible. >> some meals ar

sweetheart deals, because, with county attorney bill montgomery, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. look - i supported joe arpaio for a lot of years... but lately, he spends so much time on tv or in court defending himself that he's not doing his job. he failed to serve warrants for violent crimes. when children were molested. and lawsuits against him have cost taxpayers over one hundred forty two million dollars. we need a new sheriff whose top priority is keeping our community safe. that's why this year, i'm voting for paul penzone. advil liqui - gels work so fast you'll ask what bad back? what pulled hammy? advil liqui - gels make pain a distant memory nothing works faster what pain? advil. you wouldn't believe what's in this kiester. a farmer's market. a fire truck. even a marching band. and if i can get comfortable talking about this kiester, then you can get comfortable using preparation h. for any sort of

. >>> maricopa county attorney bill montgomery says society will lose if recreational marijuana is allowed, but it turns out his office may actually $650 comes in every time someone is arrested for marijuana and agrees to a drug diversion program. program says montgomery's office and one and a half million dollars per year. they claims that money pays rug prosecutors and funds drug prevention. >>> most kids are doing better in school is that when it comes to science. test scores out today shows are not proficient in science in 2015. does this by writing scores for elementary and middle school students. here in arizona only 33% of students were proficient. the us education secretary says early exposure to stem programs and having well-prepared science teachers states like ours improve. >>> in a few years that streetcar will be rolling through tempe. officials say it will help businesses, but others are concerned. some voice and concerns during a public meeting about being able to stay afloat during the construction phase. the 3 mile route is in a very busy area.>> you are looking at a hot m

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, for violent crime and equal justice under the law. vote for diego rodriguez. a county attorney for us all. >>> well, happening right how, there is a clown lives matter protest, that event, you should say, it has bbb canceled--it has been canceled. moments ago, it has been tweeted out that it was organizers were encouraging people to march in clown costumes but it was called off because of death threats, the you is now saying. they will plan another event some time, such as a charity toy drive. so no word if they are all going take one car to the march for the clowns is. >> have them all file out there. >> right. right. >> all right, thanks, >>> hey, gauk is on your- -guac is on your menu for this weekend, there is an avocado shortage. and it is partly because of a tough growing season. >>> all right, and now the tore cast, it is 6:10 a.m. beautiful, clear skies across the valley. all clear, to the as much cloud cover as we

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, er prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. allegations against pinal county sheriff paul babeu. paul babeu exposed in a damning home video. accusations of widespread abuse at a massachusetts private school. she is sick of hearing sheriff paul babeu lie. allegations of abuse of power. another headache, the fbi has subpoenaed records. lawsuits regarding abuse and neglect. new page of controversy. a question of judgment. ultimately voters are going to have to decide if he's the type of candidate they want in congress. dccc is responsible for the content of this advertising. garth brooks is back in a big way- his new song "baby, let's lay down and >> garth brooks is back in a big way. his new song baby let's lay down and dance. the song will be included on brooks upcoming album gun slinger. >> uptown funk. >> it joins some exclusive status. it just

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences and equal justice under the law. vote for diego rodriguez. james p. walsh: to keep our community safe - we need a sheriff who will put fighting violent crime ahead of his own political agenda. paul penzone has been a decorated crime-fighter for over 20 years. a police officer, undercover investigator, and dea task force agent of the year. paul penzone caught murderers, put drug kingpins behind bars, and created award-winning paul penzone... >>> cbs5 news brought to you by jack in the box. . >>> teens say they are texting less when behind the wheel that doesn't mean young drivers stopped using their phones. explains. >> reporter: ask teens about texting mind the wheel and it's clear they are getting the message it's danger. but a new study conducted by mutual liberty insurance and sad find that teens don't feel the same way about app. 80% believe they are not dis mutual too

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime vote for diego rodriguez. >>> donald trump is getting a lot of fall-out for saying this presidential election is rigged. >> millions of people that are registered to vote that shouldn't be registered to vote. all right. so it is rigged? next on 12 news at 6:00; we'll verify that explosive claim. any truth to trump's statements. >>> tonight at 10:00, we talk to that tempe cop. it was all caught on booted camera, chasing the burglary suspect. so here what was -- so hear what was going through his mind at this very moment that is tonight at 10:00. >>> all right. the omg video of the day involve as little girl who just wanted the captain of a huge cargo ship to toot his horn for her. >> toot, [ horn ] [ laughter ] no and, of course, he did. the blast so loud it looks like the little girl was shaken up. and we have that one to do. and we have that one to do.

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, er prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. a county attorney for us all. >>> start dialing. were giving away two tickets to see a long island medium thursday, november 10 at comerica theater. the number is on the screen. the fifth caller winds. luck to you. >>> you been there before, driving along when a bird swoops right in front of your car. in this case, it probably or in your case wasn't a bald eagle. here's the story: you have to someone was driving between gainesville and jacksonville around the time hurricane matthew was blowing through. this eagle apparently became disoriented and flu really low right across the highway in got lodged right in the grill of this car. a driver headed in the opposite direction saw it happen. she had to chase the driver down to tell him that he had an eagle in his grill. somehow it wasn't seriously hurt and is now at a wildlife rehab center.>>> rod stewart is now sir rights to her ta

but not one served a day of time. because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. >>> tonight it's war. donald trump declares the shackles are off, unleashing a furious tirade on the highest ranking republican, speaker paul ryan, and on senator john mccain. while his campaign trains its focus on hillary clinton, trump trains his fire on his own party. >>> race against time for the rescuers desperately trying to waters after hurricane matthew. rivers rising around them. tonight, new dramatic rescues and a jaw-dropping view from the air. >>> crisis mode. a major announcement amid new fears about exploding smartphones, as the company now clashes with apple. the high stakes showdown at the supreme court. >>> and heart risk. breaking health news tonight. an alert for millions of americans who take calcium supplements. "nightly news" begins

out-of-control corrections officers arrested. because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime vote for diego rodriguez. >>> tonight, trump's rigged charge. down in the polls, donald trump goes all in on unsupported claims about large-scale voter fraud. inflammatory accusations that have democrats and republicans pushing back hard. >>> plus, new hacked e-mails from hillary clinton's campaign manager. from wikileaks. >>> isis showdown. a pivotal battle begins. richard engel inside the command center as americans and iraqis open a massive offensive on the islamic state's center of power in iraq. >>> olympic star's tragedy. an american medalist's teenage daughter killed in the crossfire. tonight charges after a fatal encounter in a

sweetheart deals, because, with county attorney bill montgomery, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. >> dicky: from hollywood - it's ?jimmy kimmel live!? tonight -- jennifer connelly. espn's stephen a. smith. and music from crx. and now, for the most part, here's jimmy kmel! [ cheers and applause ] ? >> jimmy: i'm jimmy, i'm the host of the show. thank you for watching. thanks for coming. hey, i have a -- i have a quick

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. . >>> i tell you, these mornings fall-like and it should be nice. still warm by friday, close to the century mark,ed 7. a little warm but nice next week. >> but it's not raining on the car wash. that's what we care about. have a great night and thank you for joining us. good night. i learned as a police officer and a businessman you should never abuse people's trust. unfortunately, today too many politicians either serve their party or themselves, and arizona families suffer. the arizona republic called paul babeu a disgrace. babeu spent $28,000 of taxpayer money at a five-star resort and was questioned by the fbi for using public money to promote himself. you think denny's new pancakes are only for breakfast? well denny's new pancakes don't obey the laws of time. look at them, they don't even obey the laws of gravity. den

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime a county attorney for us all. i learned as a police officer and a businessman you should never abuse people's trust. unfortunately, today too many politicians either serve their party or themselves, and arizona families suffer. babeu spent $28,000 of taxpayer money at a five-star resort and was questioned by the fbi for using public money to promote himself. o'halleran: i'm tom o'halleran, and i approve this message, >>> welcome back, everyone. take a look at this video. a powerful storm brought record- breaking flooding to parts of the east coast. twenty four chester, mass mas got massachusetts got up to 5 inches last night. workers had to help several people stuck inside their ca. they're seeing record rainfall. we are very dry. we actually have our temperatures that are close to records in our afternoon highs. 97 was the high today. we're currently sit

maricopa county attorney bill montgomery warns don't think social media will be your shield. >> we want anybody else thinking about this to understand that there are real consequences. and this entire

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. >>> between the white lines, and away from the field. from the locker room to the living room, inside the huddle, and into hearts and minds, a zoom lense into the character of your team. this is cardinals season in focus. >> you know, if our locker room here was actually full of cardinals players right now, we'd be able to see it, in their eyes, it's seattle week. welcome in everyone. actually that goes for everyone except the seahawks. and that's not us. that's the cardinals locker room. on monday night, when it took about, i don't know, five minutes for the cardinals to focus on their division rival.

out-of-control corrections officers arrested. ty attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. . >>> how about another round of some beautiful pictures? the news choper up early this morning giveing these great shots of downtown phoenix at sunrise. thank you bruce, cruise the valley this morning for wake up arizona that you can catch here on cbs 5. ian, when he forecast the weather in cooler temperatures. clear conditions expected all week. sunrise at around 6:30 and we'll see temperatures into the upper 630s. 68 degrees for a low. mid 830s at noon, high in the 930s and looks like we'll stay that way all week. . >> all right, after playing on thursday night the cardinals work tomorrow. they're getting their quarterback back. carson palmer has been cleared to return. he got his bell rung ten days ago against the rams. it's been a tough year for manny wilkins. his replacement, bra

sweetheart deals, because, with county attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, ences for violent crime and equal justice under the law. vote for diego rodriguez. we are learning new >>> we are learning new details about a valley father who police say shot and killed his you can can -- young daughters before court records show their father had a history of domestic violence. nicole garcia joins us live with the details. >> reporter: kari, we may never know why the 36year-old murdered his own daughters and took his own life but court records reveal a violent breakup. he threatened his ex-wife trying to stop him from taking the girls and leaving him. the girls scheduled time when the accident happened. >> reporter: audrey just started kindergarten and her sister was excited to go to school one day, too. instead of planning their future, their mother is preparing their funerals. the girls were shot and killed by their father who turned the gun on himself. the parents recently divorced and just four months