in a few hours the judge will hand down his ruling on whether to post -- postponed the driver luis toledo move forward with a schedule start on tuesday. toledo's defense attorney had been trying to get the trial delayed hoping the u.s. supreme court ruling would come first. that willing as we have been telling you found a florida this death sentence scheme unconstitutional because judges make the decision on death and not the jury. now that that ruling has come, it is the state asking to push back the trial for as long as 2 months while they figure out whether the supreme court ruling changes their case. and we asked our wftv legal analyst former chief judge melvin perry what he saw happening in the case and he says the supreme court ruling, it looks like the death penalty is totally off of the table for cases pending trial now. live in volusia county, janai norman, eyewitness news this morning. >>> waiting for the brevard county resident who hit the jackpot to come forward. growing presence in a neighborhood from the media less than 1 mile from the publics weather winning powerball ticke

. >> reporter: luis toledo is not the man you're seeing here but before the ruling toledo face the possibility of a death later this month for the murders of his wife use any a suarez and her 2 children but now that is likely to change. we told you last month when a judge agreed to move toledo's trial out of volusia county and now with the ruling by the supreme court it is unclear what could happen now that he is going to trial. here is that story. >> we are finding out this morning's 8 am hearing in deland is to discuss the supreme court ruling on florida's death penalty within hours of that ruling lawmakers were working to figure out what that means for capital punishment. >> we simply have to adjust and modernize our death penalty system so that it comports with what the supreme court has said. >> reporter: for now it is likely the 390 current death row inmates will not face death. we will find out what that means for toledo who is trial possible the state could go for the death penalty. our legal analyst melvin perry says in future trials, jurors will now need to vote yes or no to a list o

. >> the judge's decision comes a day after prosecutors asked for luis toledo's trial to be postponed. you might remember toledo is accused of killing his wife and her two kids back in 2013. the trial was set to begin tuesday in st. augustine. the reason for the delay, a ruling earlier this week by the u.s. supreme court striking down florida's death penalty law. prosecutors are seeking the death penalty in this case. they say there are too many questions about how the state's death penalty law could change to try the case right now. state lawmakers are working on a bill that would require a unanimous vote from a jury before someone could be sentenced to death. so far, no new trial date has been set. of course, we'll continue to keep you updated on this case here on news 6 and on clickorlando.com, powered by news 6. >> thank you. now to a crime tracker alert on the campus of ucf. in the past hour, campus police it's a clear one. we're told this guy took stuff from the school's performing arts center on wednesday night. police tell us he got away with a projector, wireless access point

luis toledo was in court yesterday for a hearing his former mother- in-law ran out of the room crying-- when toledo's statements to police-- about seeing his step- children dead inside the home-- came up in court. toledo is accused of killing yessnia suarez and her children back in 20- 13. he denies killing the kids-- but says he killed yessenia in self defense. toledo's trial starts january 19th in saint augustine. sanford police want you to take a good look at some solve a murder. these are pictures of three people inside "kim's food store" last month. joshua hur was gunned down outside his store 2 days before christmas. police say the people in these pictures are not suspects. but they might have information about the events leading up to the shooting. if you recognize them--call sanford

in a few hours, judge will head down the ruling on whether to postpone the chapo luis toledo. or move forward with a scheduled start on tuesday. toledo's defense attorneys has been trying to get the trial delayed hoping that supreme court ruling will come first. the ruling as we have until you found florida's death penalty -- sentance game unconstitutional because judges make the decision on death and not the jury. now that the ruling has come down it is the state asking to push back the trial for as long as 2 months while they figure out what the supreme court ruling changes their case. we asked wftv legal analyst and former chief judge melvin perry what he sees happening and he says based on that ruling, it appears the death penalty is totally off of the table for all cases pending trial now. norman, eyewitness news this morning. >>> waiting for the garrard county resident who hit the jackpot to come forward. there has been a growing media presence in a neighborhood less than 1 mile from the melbourne beach publix weather when he did it was all. no one in the neighborhood or

luis toledo is charged with first degree murder. he's accused of killing his wife and her two children. telodo would have faced a possible death sentenced if convicted. now prosecutors are asking for a 60- day delay to sort out the impact of the supreme court decision. the defense is fighting that delay. deputies are searching for the person who shot and killed a family's pets. last week a lake helen family's goose and duck were found dead. then on tuesday--a neighbor's cat was also killed. the family thinks kids are to blame... but are still worried for their and are sending a community. many people are finally using their the first time-- as the warm temperatures give way to winter weather across parts of the u-s. the first big snowfall of the season hit northern new york and syracuse...with more than a foot of snow falling in that region. the freezing temperatures also effecting parts of the midwest... ...where ice and slippery roads led to a few car accidents. the warm weather isn't totally gone though-- temperatures are the nor

luis toledo. the trial begins in saint jason: nobody won last night' s powerball drawing, the jackpot is growing bigger. $675 million. that could grow. game in u.s. hisn michelle: we are on top of some breaking news this morning. a man is barricaded in a home at the coral gardens condos in melbourne. jason: we heard gunfire and hour ago but that standup is still going on right now. michelle: dozens of residents streaming out of that complex. we are staying on top of this story all morning. jason: we will be watching. we want to get you out the door with traffic and weather together. eric: fog is the concern this morning. visibility at half-mile to two miles. ted: we are starting to see congestion starting on i-4 westbound. we have a crash on westminster abbey boulevard locking hiawassee is a good lack of -- backup plan. michelle: don' t forget, you can get some news updates every time

the trial of luis toledo is still set for monday. he faces the possibility of a death sentence for the triple murder but as channel 9's blaine tolison reports, prosecutors are now fighting to get the trial delayed. >> reporter: the judge here at the 7th judicial circuit has the difficult decision to make in the state case against luis toledo to either delay it by 60 days or move forward trying his best to interpret the supreme court's ruling on florida's death penalty scheme and how it applies to this case. prosecutors intended to seek the death penalty for toledo who is accused of killing his wife to xavier suarez and her children in 2013. bodies whenever found in the family lived in deltona. after more than 2 years, the case was scheduled to go to trial in state -- st. augustine next week starting the jury selection but the state attorney's office filed a motion just yesterday to delay the trial. that motion came just one day after the supreme court ruled the death penalty scheme is unconstitutional. the state asked for 60 days to

her 2 children will be in court for a pretrial hearing state attorney filed a motion to continue luis toledo's case. the state in tenant to seek the for toledo if convicted but if they could be changed by the us supreme court ruling. will have more on what is expected to happen in court today in 30 minutes on eyewitness news at 4 on tv 27. >>> volusia county leaders met with hundreds of residents the site to discuss the areas unless present the town hall also involved homeless themselves as well as business owners along beaches street. despite businesses an opinion all looking for solution. >> the criminal homeless are out of control. >> we are actively proactively trying to get these people out of homelessness and i am assuming that is what every one in this room wants. >> the city has 60 days to figure out funding for the safe harbor project and a more permanent solution weather county has a ready committed $4 million. >>> 6:47 am. checking weather and traffic every 10 minutes. >>> we know about the cold temperatures and we can see attention tonight. >> tonight and tomorrow we will see storm

a hearing is set for luis toledo at 10 o'clock this morning. several motions by the prosecution and the defense are expected. last month-- a judge granted a request to move the location of toledo's trial to saint augustine. toledo is accused of killing his wife yessenia suarez and her two young children back in 20- 13. their bodies have never been found. developing at this hour-- we have an update on the texas state trooper-- who arrested a woman- who later died in jail. brian encinia has been charged with a misdemeanor- and arrested sandra bland -- after a traffic stop last summer. he is charged with perjury for allegedly lying about the confrontation with bland. there is a new chapter in the fight over the keystone "x-l pipeline." the canadian company-- that proposed the project-- is suing the obama administration. "trans-canada" is fighting the administration's decision to reject the pipeline. it would have taken canadian oil to refineries on the gulf coast. house republicans passed a bill to repeal 'obamacare'. it was already approved by th

. >> reporter: just a few weeks before luis toledo goes to track him's attorneys tried hard to keep as much as they could off the table, including an incident of rage as the state described it went toledo slapped his wife yesenia at her murder in the murders of her 2 children. >> prosecutors explain that luis toledo had agreed -- clear motive for killing his wife and children mike and toledo. and affairs warrants had with a coworker fueled his rage and hostility yes i think it is important to look at the surrounding evidence bit the shows ill will, malice, spite for his wife. >> reporter: assistant david attorney said the event irrelevant to the case especially be a fair and domestic violence incident in lake mary where toledo walked into swatted his office humiliated her in front of coworkers and flatter. prosecutors said he colder last night in october 2013. >> of these events domestic violence and murder based on the affair that occurred and there's a reason for both occurring 30s investigators learned of the incident through toledo and questioned him without reading his miranda rig

so now-- luis toledo's defense team wants his trial put on hold as the what will happen with all future cases. toledo is charged with 2 counts of first degree murder and 1 count of 2nd degree murder in the deaths of his wife yesseina suarez and her two children. the family vanished from their deltona xl6 jtheir bodies have never been found. a 15-year-old brevard county boy is accused of murdering his baby sister. the sheriff's office says--noah walls intentionally hit 21- month-old riley mullins on sunday. the girl was taken to the hospital and pronounced dead. walls is charged with 2nd degree murder. developing this morning-- investigators are trying to figure out exactly what happened... after a teen is hit and killed by a car. fox 35's valerie boey has the details. happening today-- orange county *ders will consider later school start times for teenagers. happening today-- orange county school start times for teenagers. the district will have a workshop in the afternoon to study the pro's and cons. pushing back high school start times would cost the county millions of dollars, mostly

luis toledo is charged with first degree murder. he's accused of killing his wife and her two children. telodo would have faced a possible death sentenced if convicted. now prosecutors are asking for a 60- day delay to sort out the impact of the supreme court decision. the defense is fighting that delay. orlando police are now investigating a suspicious death as a homocide. this comes-- after the body of a man was found behind the "gilt" nightclub in orlando wednesday afternoon. police say the victim is 43-year-old "essex taylor the third." that club is off east colonial drive -- near downtown orlando. police say .. they do not have a cause of volusia county deputies are searching for the person who shot and killed a family's pets. last week a lake helen family's goose and duck were found dead. then on tuesday--a neighbor's cat was also killed. the family thinks kids are to blame... but are still worried for their other pet's safety... and are sending a warning to the community. the magic's trip across the pond... ends with disappoi

today, luis toledo was in court as prosecutors and defense attorneys debated several motions before the judge. wesh 2' s claire metz reports. claire: yessenia suarez, and her children thalia and michael. prosecutors say luis toledo murdered all three in their deltona home in late october of 2013 then disposed of the bodies, but some of what came out at the hearing left loved ones in tears. prosecutors want the medical examiner to testify at trial on whether what toledo allegedly told them about the murders is plausible, that he killed his wife with a single blow to the throat, that he heard his step children being murdered in the bathroom by someone else. ed davis: the defendant in this case gave a detailed statement about how he murdered his wife. he gave a detailed statement about what he saw when he went in a room and saw his children had just been murdered by someone standing there with an axe. claire: the defense argued any testimony from the m.e. would be bodies to examine, and the judge ruled that if the medical examiner is called, his statements would first have to be heard outs

the state asking a judge to delay the trial while attorneys for luis toledo want the case to proceed. >> we have two motions filed as an emergency within the last day or so. >> it's effectively saying the supreme court says the florida judges have too much power over the death penalty system. >> we're trying to interpret it the way we can, but it's been very soon. >> luis toledo could face the death penalty if convicted in the death of yessenia suarez and her two children. they're asking for a 60-day delay until state legislators can review. >> there's a death penalty but no mechanism to impose it. the only reason for the state to continue the case is because they want to impose it. >> the defense objects to a delay, asking to move on with the case with the death penalty off the table. >> we would argue they couldn't impose the death penalty. it can't be imposed now, that's for sure. >> another option would be to proceed, using a different jury for the penalty phase of the trial, but that's something both sides don't want to see. >> that's a hard process. and we want the -- we want on

we're live in volusia county with new developments in the luis toledo case... plus... we now... know when this man... will go on trile... he's accused of... second degree murder in... a downtown orlando... police shooting that left an... innocent woman dead... ((end but first... in brevard county... a 12 hour standoff with an armed man is over... at an apartment good afternoon .. i'm bridgett ellison. and i'm david hall... police in melburn say... that man... is now in custody... ((cont coral gardens condos... on ellen court kiersten o'connell is live and the cruise heard what sounded like gunshots at the time this morning. a lot of neighbors are concerned about their community. what's happening now? >> in the last half hour, the confirm that the man is in custody. his name is michael taylor and he is a resident here at the coral gardens apartment our cameras were here this morning when it all started. let's take a look [gunshots] melbourne police say it started as a domestic violence call and standoff when police exchanged gunfire with him . armed swat vehicles and the bomb squ

luis toledo is accused of killing his wife and her two children in october of 2013. their bodies have never been found. the state is asking for capital punishment if toledo is convicted. this morning, prosecutors asked a judge to delay the trial for at least 60 days until the florida legislature can address the issues brought up by the supreme courts ruling. the defense argued against a delay, saying the trial should begin with the only possible penalty now available, life in prison without parole. proceed is so that he can have the death penalty imposed on him. we are trying to defend him. brett: under florida' s now unconstitutional procedure a majority vote of 7 to 5 jurors recommending death was sufficient for judges to impose death. with the new supreme court ruling, that is the longer the case. the judge in this case plans on making a decision by tomorrow on when the trial will begin. michelle: new information about the murder of a florida woman in italy. a suspect is in custody. investigators arrested 25-year-old tidiane cheik diaw, an immigrant from senegal f

. >>> big developments today in the luis toledo case. the ruling by the florida supreme court saying the death penalty is unconstitutional is causing a delay. his murder trial is scheduled to start next tuesday but prosecutors are asking the judge to delay the trial until the penalty is cleared up. toledo is charged with second-degree murder for his wife's death and first-degree murder for the kids. the prosecutors plan to seek the death penalty in the case. the judge hears the motion to delay the trial tomorrow morning and the defense plans to fight it. >>> a group of would be robbers behind bars after a cocoa gas station clerk shot one of the suspected crooks. >> give me money. >> reporter: that is the words the gas station owner who doesn't want his face on camera were uttered by this man who tried to rob this cocoa chevron around 8 o'clock last night. >> they open ope -- the guy opened the door with a ski mask and had a gun in one hand and a bag in the other. i reacheded for my gun and shot him >> i heard a boom. wilson price was sta

luis toledo killed his wife in october 2013, but the bodies have not been found. toledo told investigators he killed his wife with a single blow to the throat, and heard the children being murdered by someone else. prosecutors want to be able to question the medical examiner about that statement on the stand. >> the defendant in this case gave a detailed statement about how he murdered his wife. he gave a detailed statement about what he saw when he went in a room and saw his children had just been murdered by someone standing there with an ax. meredith: he is set to go on trial january 19. jim: another candidate enters bob hope -- bob poe made an official announcement at pine hills marketplace. he is running for the florida 10th congressional district. he tackled the gun control issue. >> i fully support the president' s actions taken on gun safety taken earlier this week, but when he to do more. our children and families are threatened by gun violence, and terrorism can no longer wait. no one on the terror watchlist should be able to buy a military style assault

luis toledo says -- the state is also asking to introduce a domestic violence incident in which toledo confronted his wife the day before prosecutors say the family was murdered. the judge has not ruled on the event. the trial is set for january 19. a 19-year-old accused of a bloody attacks on in ormond beach couple will be in court. michael phillips was arrested. they say he stabbed shelley and adam phillips. phillips broke into the couple' s home and stabbed the woman in the living room. police say philip' s was stabbed when he came in. michelle: the man stabbed is in critical condition. michael phillips is accused of two counts of attended murder. we will tell you more first at 4. we began with low clouds today, cold temperatures. we are warming things up. eric burris is here with the forecast. eric: a little bit cloudy. clouds. it is beginning to left. will see gradual clearing. this is our tower skycam over downtown orlando. we can see the buildings there. showing that thick deck of clouds. you can see the economy -- son start to clear through. to west. are -- radar is still track

legal analyst says that was a wise move. >> luis toledo's trial took more than 2 years to prepare for an expected to start next week now it is delayed and for good reason according -- according to legal analyst and former chief john melvin perry. >> they need to do it right and first time still. >> reporter: the judge granted the state's motion for continuance 2 days after the u.s. open court ruled that the method florida's users to unconstitutional. despite doubling to prosecutors say they intend to seek the death penalty in toledo is convicted of murdering his wife yersinia suarez and her 2 children michael and tilia but perry says the judge any guidance. >> he needs to find out how the florida supreme court is going to implement the vision. >> ordering -- granting the motion saying the ruling left issues undetermined including the requirement of an anonymous jury in making decisions related to the death penalty. he also stated when a human life hangs in the balance a rush to judgment is unwise. with each passing hour, the law will become discernible. yessenia suarez's mother has tr

supreme court ruling on florida's death penalty statute will affect the death penalty case against luis toledo. they want to delay his murder trial set for next week is that augustine. kathi belich spoke with our legal analyst about what he sees happening. he believes the defense will likely get his way to get the death penalty off the table now. >> reporter: chapter legal analyst melbourne. former chief just for 18 years believes the highest courts ruling against florida's death penalty procedures stop prosecutors from seeking death for toledo. >> the bodies of luis toledo's wife, suarez, her 8-year-old son michael and 9-year-old daughter have never been found. volusia county prosecutors were said to taken to trial next week in st. augustine for murdering all 3 of them in october in october 2013. and they were planning to argue he deserves death if convicted. today, prosecutors asked the judge to delay the trial for as long as 2 months while they figure out what to do about the u.s. supreme court decision tuesday. that is because it will florida's death penalty scheme which makes judges the d

meredith: the trial for luis toledo has been delayed. prosecutors are seeking the death penalty. because of the recent ruling by the supreme court, florida' s death penalty is unconstitutional, they ask for continuance. this morning, the judge granted it. when human life hangs in the balance, arrest the judgment is unwise. jackpot winning tickets out there. meredith: the whole country is curious to know who holds those. man. post man who the winner was. meredith: rumors running in one local town where one of those tickets was purchased. in central florida. weekend to make sure you know what to do if you ever encounter one of these. eric: nice nice, but looking ahead to the weekend, strong and announcer: you are watching wesh 2. jim: tonight, florida lottery leaders confirmed no one has come forward to confirm their share of the $1.6 billion jackpot. meredith: a tennessee family has already come forward for their share. jim: in melbourne beach, rappers -- rumors are spreading. >> we are giving them all the tips they need to do. reporter: this real estate broker is ready for the po

attorneys for luis toledo were in court yesterday trying to get it delayed. toledo is accused of killing his wife and her two children in volusia county back in 2013. prosecutors want the death penalty, but it' s now unconstitutional because of a recent supreme court ruling. toledo' s attorneys want the trial to begin and the possibility of a death sentence taken off the table. also today, attorneys for a convicted killer david damus will ask for a new trial. they say one of the juror' s in a previous trial did not disclose her daughter was dating damus' cousin. damus was convicted back in june for the execution-style murder of 22-year-old eric roopnarine. has confessed to a crime. turning to commitment 2016. the first republican debate of the year and the last debate before the iowa caucuses may be over, but it' s still dominating the social media. 10 gop candidates participated in last night' s debate. mary moloney has the highlights. mary: the gloves are off. >> you are worried about keeping your homes and families safe and secure. you cannot give hillary

. >> a delay in the luis toledo trial. the story kicks off the evening rush. toledo is a gang member accused of killing his own wife and her two young children. he is charged with first degree murder. prosecutors are pushing for the death penalty. but the u.s. supreme court found florida's death penalty procedure unconstitutional because it gives to much power the trial was scheduled to begin on tuesday. but the judge in this case postponed it, citing the rules around the death penalty might change in the middle of the trial if it went on as scheduled. >>> tonight, a teen is dead after a motorcycle accident. it happened at weathers field after knew and clemson drive in seminole county this morning. 18-year-old christopher bru noh -- bruno was passenger and killed. >> tonight, wildlife trappers hoping to catch a coyote in one of central florida's most exclusive communities. trappers are concerned how a county fee got to lansing island -- coyote got to lansing island. residents reported at lease five sightings. trapper said how the kyoto get -- coyote got to the

we learned today luis toledo's trial will start on january 19th in st. augustine. also today, attorneys on both sides argued about several pieces of evidence, including his interview with police. the defense argued toledo's police about the disappearance of his wife, yessenia suarez and her children, should be kept out of trial. they say he was arrested illegally because police did not read him his rights. but prosecutors say toledo speculated about what happened to the kids and their bodies during the interview. they say his arrest is relevant to the entire case and should be allowed. the judge did not make a final decision today. >> also tonight, we know when the man at the center of a deadly police shooting in orlando will go on trial. that shooting killed an innocent woman at a downtown club. it was previously set for this week. we know now the trial for cody roach is scheduled for march 28ros w with second-degree murder in the shooting death of the 22-year-old woman. it is a charge he faces despite never firing a bullet. after being thrown out of a nightclub,

trials is on hold. prosecutors tuesday it's too soon to start jury selection in the case against luis toledo, accused of killing his wife and her two kids back in 2013. the reason for the delay, a ruling earlier this week by the u.s. supreme court striking down florida's death penalty law. prosecutors say there are too many questions about how the death penalty could change to try the case. state lawmakers are working on a bill that would require a unanimous vote from the jury for the death sentence. after the new law is in place, the trial could be scheduled. >> in south florida, families and businesses are assessing the damage tonight. >> the storms that roll through florida is more severe along the gulf coast. you can see the city of venice damage. the winds ripped the roof off a shopping plaza there. >> our cameras were rolling as the same system moved into and out of central florida. fortunately, despite severe thunderstorm warnings, we made it through safely. >> we did break rainfall records at melbourne international. tonight the skies are looking good. picture-perfect on this friday

. >> a volusia county judge must decide if statements luis toledo made to a lake mary police can be used in his upcoming murder trial. toledo reportedly confessed to accidentally killing his estranged wife during a fight back in 2013. but he claims someone else murdered her son and daughter. prosecutors say d.n.a. evidence linked toledo to the murder of two of the murders. toledo's trial is set to begin january 19th in st. augustine. >> if half a billion dollars wasn't enough, there's 700 million reasons to play powerball this week. >> in minutes, just how high experts say this record shattering jackpot could go and speaking of records, seaworld says it will break them here in orlando with its new roller coaster. a new look at just how high the thrill seekers will fall in minutes. >> but first, what happened to haley cummings. she vanished at age 5. now seven years later what detectives are showing to generate new leads. you can hear from her grandmother, next. >> you're watching news 6 at 7:00, getting results for ocala, rockledge and all of central florida. >> and join us on facebook d

luis toledo's jury selection is set to begin on monday. the state attorney tells us he's reviewing the supreme court decision today to see if it has any impact on his case. stay tuned. >> and all day, news 6 has been pressing for answers on what the high court ruling means for people already on death row. in the last 40 minutes, the state attorney general pam bondi released this statement. "the impact on existing death sentences need to be evaluated on a case-by-case basis. florida will need to make changes to its death sentencing statutes. i will work with state lawmakers to ensure those changes comply with the court's decision." >> well, an important warning tonight. how a new scam is ripping off powerball players. >> what you need to know to protect yourself and with a billion and a half reasons to play, it doesn't matter where or what numbers you play. erik von ancken busts powerball >> and 2016 is already a leap year but you may want to call it launch year. why this year could break records on the space coast. >> you're watching news

. >> the trial for luis toledo scheduled to start on tuesday has now been delayed. kirsten delgado takes us everywhere at 11. >> charge would killing his wife and her two children 2013. the prosecution plans to seek the death penalty. they asked for a da lay after the u.s. supreme court ruled his death penalty procedures uncawngs constitutional. the possibility that death penalty rules could change in the middle of the trial if it could start now. student is kill in a motorcycle accident around 5:00 a.m. in seminole county along weathersfield avenue,. he was a passenger behind 19 year old dakota clark. the teens took a curb too fast and hit a guard rail. orange county detectives are investigating after a winter park apartment complex stabbed and killed an intruder. that intruder has not been identified but detectives say he tried to force his way 92 an apartment had a previous relationship with one of the three people thaint apartment. >> the three people inside the apartment, two women and a man, are fully cooperating with our deputies and our investigators, and th

jury selection in luis toledo's murder trial is set to begin one week from today. he's accused of murdering his wife and her two young children this deltona. the state attorney told news 6 this afternoon they're reviewing and analyzing the decision today but didn't know how it would affect their case. >> now, sidebar note here, we found out today that florida is one of only three states in the entire country where juries don't have to have a unanimous verdict on the death sentence. we don't know if that law is going to change. lawmakers are likely not going to be taking that decision very lightly. we're live at the orange county courthouse tonight, eric sandoval, news 6. >> and probably won't make that decision very quickly, either. eric sandoval live for us. thank you. right now, police are looking for a man they say attacked a 71-year-old woman. we're told this happened shortly before 1:00 this afternoon along south atlantic avenue in daytona beach shores. police say the woman was walking her dog when a man hit her in the head with something. the attacker then to

a hearing is set for luis toledo at 10 o'clock this morning. the defense are expected. last month-- a judge granted a request of toledo's trial to saint augustine. toledo is accused of killing his wife yessenia suarez and children back in 20- 13. their bodies have never been found. the florida assessment will be harder for students to pass this year... for schools to get a better grade. the florida board of education approved system for the f-s-a at their meeting yesterday. more kids are expected to fail... under this harder scoring plan. but-- at the same meeting-- the board approved of a new grading formula for schools-- that makes it easier to get a good grade. some people expect school grades to stay low, though... because of the f-s-a decision. on the business watch... plummeting oil prices --and concerns in china --have dropped the dow jones industrial average to a three-month low. that drop is expected to continue today... with the chinese stock market halting-- for a second time this week- following another major plunge. tumbled more than 7-percent overnight, be

luis toledo is accused of murdering his wife, yessenia suarez, and her two children. his trial is supposed to start the state attorney says he wants toledo sentenced to death if he's convicted. his office tells news 6, "at this time we're carefully reviewing and analyzing the decision handed down by the united states supreme court." >> so when will lawmakers decide if the executions are going to be halted or not? we're expecting to hear something by the end of the day today, but it will take some time for lawmakers to figure out exactly what's going to happen if they're going to change the law to adhere to what the u.s. supreme court ruled today or if they're going to do away with executions altogether. stay tuned. we're live at the orange county courthouse tonight, eric sandoval, news 6. >> a lot of questions still out there tonight. we've posted more on the supreme court's decision, including the complete ruling on our website. just head to clickorlando.com, powered by news 6. >> an update now on the search for a driver. police say he hit a 3-year-old boy and took o

news 6 has learned prosecutors are asking to delay luis toledo's accused of killing his wife and her two kids in 2013. he was facing the death penalty if convicted but yesterday the supreme court ruled the death penalty system in florida is unconstitutional. the trial is set to begin tuesday in st. augustine. >> a hearing is scheduled for tomorrow at 8 a.m. we'll be in court and keep you updated on news 6 and clickorlando.com. >> orlando city soccer fans have to wait another year before they can get a taste of their stadium. >> today, the club announced construction is not where they expected it to be. they're now delaying the opening until next year. news 6 reporter justin warmoth is live tonight outside the construction site. you asked officials just last week about the stadium and they said it would be ready this year. so what has changed in the past few days? >> on friday, we were wondering what the status was with the stadium. they said there's no delays and it was good to go. fast forward today and that's no longer the case. when i asked why, stadium and was some issues surroun

another local case that could be affected by the supreme court's decision on the death penalty, luis toledo's murder trial. a judge is now considering if the trial should move forward as planned. he's accused of killing his wife and her two kids. today in a volusia county courtroom, the state asked the judge for a 60-day delay. they say a delay would allow state legislators time to review and change the death penalty law. toledo's attorney says the case should move on now with the death penalty off the table. >> we would argue they can't impose the death penalty. it can't be imposed now, that's for sure. there's the death penalty and no mechanism to impose it. obviously the only reason the state wants to continue the case is they want to impose it. >> another option would be to proceed, using a different jury for the penalty phase of the trial. the judge will make a decision tomorrow. >> as investigators continue to collect evidence from the area where missing toddler lonzie barton's remains were likely found, the community in jacksonville is coming together for a vigil in lonzie's honor. the

lane -- spring lake in a ministry -- elementary. will decide whether to postpone a trial against luis toledo accused of killing his wife and their 2 children. >> prosecutors asked for more time to figure out how a supreme court ruling on florida's death penalty impact the case of toledo. janai norman is outside the courthouse. this could be a big one -- win for the defense. >> reporter: we will know as soon as the judge hands down the ruling later today. toledo since -- defense attorney want to go to try with the possibility of death off the table. right now we are 4 days out from toledo's trial that is scheduled to begin tuesday in st. augustine. he is accused in the october 2013 triple murder of his wife yersinia suarez and her 2 kids. prosecutors plan to seek the death penalty against toledo but yesterday asked the judge to delay the trial for as long as 2 months. supreme court ruled florida's death penalty scheme is unconstitutional because it makes judges the decision- makers rather than jurors are -- legal analyst melvin perry the states cased -- case. >> my reading of the hearse case

attorneys for luis toledo appeared in court today. prosecutors say toledo confessed to killing his estranged wife and her two kids back in 2013 during an argument. toledo's attorneys argued today police about the victim's disappearance should be kept out of the trial. the judge has not ruled on that yet. the trial is set to begin january 19th in st. augustine. >> the florida manatee could be taken off the endangered species list. the u.s. fish and wildlife service announced a proposal today to relist the manatee as a threatened species. federal officials say most protections for the manatee would stay in place. they argue the move is necessary because the manatee population has grown. the number of manatees in florida has risen from a few hundred in 1967 to 6,000 last year. the public has 90 days to comment on the proposal. the hearing is scheduled for february 20th here in orlando. >> now to what deputies are calling a suspicious death in marion county. officials found a former corrections officer dead last night in front of a home e

the state attorney filed a motion to continue luis toledo's case. the state intended to seek the death penalty for toledo if he would've been convicted. but his fate now could be changed at the same your supreme court ruling. more on what is expected to happen in court today in 30 minutes. >>> the man accused of hitting we were there last night as billy gibson walked out of the orange county jail. he will not answer our questions. he is accused of hitting 3-year- old daniel monsalve on sapper st., winter garden on monday night. the boy in his 16-year-old brother were waiting for the ice cream man when this happened. gibson turned himself in to police the next day. >>> yesterday we were there is little daniel finally got the treat he was headed for when he was hit. bill sullivan heard about the story and wanted to make sure daniel that his ice cream so he delivered the ice cream to daniel at his house. >> that is great. >>> orange county school district in dcf are investigating whether a kindergarten student was happily supervised when he swallowed a

luis toledo' s trial is set to begin tuesday in st. augustine. prosecutors say he murdered his wife and her children in october of 2013. a hearing on that motion to delay is set for tomorrow in deland. jim: four years after she was found guilty of beating and killing a teen in marion county, amber wright' s retrial is coming to a close. the state rested its case today, and with no witnesses testifying for the defense, it may soon head to the jury. today, a woman testified that amber wright lured seth jackson to a home where he was murdered. this is the second trial against wright in the case. her first conviction was overturned, because she wasn' t properly read her miranda rights. we' ve heard a lot about hoverboards causing fires, and now it' s happened again, at a brevard county home. firefighters examined the charred remains of the hoverboard after putting out the fire on chapman street in port st. john. brevard county fire-rescue saying the hoverboard had burst into flames, starting the fire. the home suffered heavy smoke damage, but no one

so now-- luis toledo's defense team wants his trial put on hold as the state figures out what will happen with all future cases. toledo is charged with 2 counts of first degree murder and 1 count of 2nd degree murder in the deaths of his wife yesseina suarez and her two children. the family vanished from their deltona home in 2013. their bodies have never bene found. new at five... florida's supreme court has tossed out an appeal by the brevard county judge... who challenged a public defender to a fight. but the court did not issue an explanation for rejecting john murphy's request. murphy had filed for a re-hearing... arguing he should not have been "involuntarily retired" because of misconduct. he wants the records to show he was removed because of a disability instead. murphy claims he suffers from p-t-s- d... following his the magic are getting ready to hit the hardwood in front of n-b-a fans in the magic are at o-2 arena. it is an early tip for the game starts at three o clock this afternoon, our time. orlando has been the magic have lost the new year. they slipped down to eighth pla

luis toledo is charged in the murders of yessenia suarez and michael toledo auto. the plan is to seek the death penalty. a judge granted a continuance. the us supreme court ruled florida's sentence method is unconstitutional. our legal analyst perry says the delay was a wise move.>> judges need to slowly and carefully navigate each case because they are expensive to try. and they need to do it right and they need to do it right the first time. >> the judge in toledo's case did not specify how long the >>> open hunting on pythons will begin throughout florida soon. the second python challenge kicks off at noon today. burmese python's are a threat to native wildlife. they want to study the snakes in the last year. 60 snakes were killed. this year's challenge ends february 14. >>> today you can honor the life and legacy of doctor martin luther king jr. at a parade in downtown orlando. is start the 10:00 on the corner of orange avenue and livingston street making its way down to north rosalind avenue. orlando mayor buddy dyer will attend. >>> here is a look and other d

a judge will hear motions on including evidence in the trial of luis toledo. the bodies of his life -- wife michelle: the man accused of dragging a police officer will be in court today. trays ton morgan tribe -- was stopped and tried to get away. he will be charged with resisting arrest. >> that will really send a red flag. not only does he have a violent history, he has a violent client -- law-enforcement. jason: and orlando man facing took out his frustrations with level. jeffrey lower --lauer threaten to blow up the orlando offices of bright house networks. who arrested him. plans to stand up for his tax cut plan with a million-dollar tv ads. scott wants to approve $1 billion in tax cuts. jason: president obama says he will veto a new bill from republicans that aims to destroy his signature health a lot. it would not only dismantle the affordable care act but also cut funding to planned parenthood. this is the first time the bill has made it to the president' s desk. republicans say they are fulfilled a promise to voters in an election year. the white hous

luis toledo' s trial was set to he murdered his wife a t delay. florida law gives too much power to judges and not enough to juries. jason: we will be watching these closely. one of the backstreet boys is in a florida jail this morning, a bar. according to the arrest documents, carter was take into in key west. new this morning, olympic gold medicine -- medalist charges. and admitted to pushing her father down at least one flight of stairs and locking him in the to plead not guilty when she >> twitter is being accused of helping isis. they are facing a lawsuit from the family of a florida man killed by an alleged member of the terror group. now that man' s family is suing because they say twitter knowingly allowed isis to recruit, raise money, and spread propaganda. isis operates 70,000 twitter accounts. twitter says this is without merit. jason: chase to show you. station. this woman was driving recklessly yesterday. she ended up right there banging affiliate. police arrived. she tried to drive away but they have got her surrounded. take another

now luis toledo's team wants his trial put on hold until the state determines what. whats with the future cases. he is charged with murder with the deaths of his wife and two young children. the family vanished from their deltona home in 2013 and their bodies have never been found. >> amy: in brevard county been this is all that's left from a they responded to the fire in st. john. the fire burned through a carpet, a wall, and caused smoke damage. >> john:ure school report this morning. teachers from around the state of florida are in the tallahassee to rally for changes. they filed a federal complaint to get more time to plan lessons. they said they're overwhelmed because of a new state and county standard. they argued that they don't get planning time as mandated and are taking a lot of work home. >> it's hurting student, parents, and teachers. >> john: the board claims that the district is complying with the contracts. the district said they're willing to work with teachers too find a reasonable common ground. the teachers expect to hear from the federal governmen

. >> prosecutors say luis toledo murdered his wife yessenia suarez and her two children, thalia and michael, in late october of 2013, after he confronted her about an alleged affair. the victims bodies have never been found if convicted of the murders, the state is asking for the death penalty which defense attorneys argue, cannot be applied right now. judge raul zambrano heard from both sides yesterday and today released his decision, saying though it' s likely the florida legislature and or the florida supreme court will remedy the matter soon, there is a high danger now that the rules would be changing in the middle of the trial if this court were to go forward with it as scheduled. judge zambrano went on to say, when human life hangs in the balance a rush to judgment is unwise. the toledo trial was set to begin with jury selection tuesday in st. augustine, where it was moved because of local pre-trial publicity. the judge did consider empaneling two separate juries one to address guilt, another state or defense thought that was a good idea. the delay no doubt will be hardest on loved on

the trial for luis toledo scheduled to start on tuesday has been delayed. he is a gang member accused of killing his own wife and her two children. prosecutors are pushing for the death penalty if he is convicted of first degree murder. but the u.s. supreme court found florida's death penalty procedure unconstitutional because it gives way too much power to judges. possibility that the rules around the death penalty might trial. if it were to go on as scheduled. >> a brantley high school student is killed in a motorcycle appeared in seminole county. 18-year-old christopher bruno was killed help was a passenger. the two men took a curve too fast and hid a guardrail. >> deputies need you to be on the lookout for a man they say is pulling people over with a fake patrol car. this sheriff's office sent us this picture of the jeep they say the man is using the man pulled over a car at ocala's pearl plaza. it has white flashing lights down the side. if this cheap tries to pull you over, deputies say keep driving and call the police. >> a death investigation is now

prosecutors say luis toledo murdered his wife and children. prosecutors plan to seek the death penalty if he is convicted. with the high court' the state is moving to delay the trial until florida lawmakers decide what action to take. a hearing on that motion to delay is set for today in deland. supreme court justices ruled -- that the death penalty policy gave too much power to judges. jason: one of the backstreet boys is in a jail -- a florida jail for a fight. this is the new mug shot of nick carter. according to arresting documents, he was taken into custody in key west. he was arrested for battery. new this morning, olympic gold medalist picabo street is facing assault charges. investigators say she called 911 and admitted to pushing her father down at least one flight of stairs and locking them in the basement. she is expected to plead not guilty. michelle: twitter is being accused of helping isis. the family of a florida man killed by an alleged member of the terror group. he died in a terror attack while training forces in jordan. they

luis toledo' s trial is set to begin tuesday in st. augustine. prosecutors say he murdered his wife and her children in october of 2013. the bodies have never been found. prosecutors plan to seek the death penalty if toledo is court' s decision yesterday, the state is moving to delay the trial until florida lawmakers decide what action to take. a hearing on that motion to delay is set for tomorrow in deland. summer: soccer fans hoping to watch the orlando city play in their new stadium this year got some disappointing news today . they will now have to wait until 2017. work on the new stadium, got underway last year, but it' s not going as quickly as expected, wesh two' s amanda ober joins us live from near the construction site. amanda: according to orlando city, the reason we haven' t seen any signs of steel beams coming up out of the ground here ye,t -- yet is because when they , scrapped the original plans, and opted to design a larger, privately financed stadium, that re-design took a little longer than they hoped. fans of orlando city socce

the trial of luis toledo has been delayed. he' s the deltona man, accused of killing his wife and her children. the trial was set to begin tuesday in st. augustine. but prosecutors are seeking the death penalty, and toledo' s defense says, because of the recent ruling by the supreme court that florida' s death penalty system is unconstitutional, they asked for a continuance. this morning, the judge granted it. jim: tonight we know the name of , the delivery man, wounded yesterday when he was hit by a stray bullet. orange county sheriff' s deputies say 21-year-old christopher peck was working near the esplinade apartments at rio grande and americana when he felt a sharp pain in his leg. by a bullet which was fired from down the street. one man was taken in for questioning. peck' s wound is described as serious. he' s now recovering at the hospital. >> looked again, they' re the same, looked again, and the third time i went running down the hallway, "john, john, you got a check these numbers." jim: central florida, meet the robi

the state wants to seek the death penalty for luis toledo if he is convicted of the murders of his wife and her children. so this morning, prosecutors asked for at least a 60 day delay until state lawmakers can address the issues in the ruling. but the defense says the trial should begin, as scheduled, with the only possible penalty now available, life in prison without parole. >> the only reason not to proceed is so he can have the death penalty imposed on him if that happens in the trial. summer: if the judge refuses to delay the trial, it will begin next tuesday in st. augustine. meredith: bond has been revoked for a man accused of intentionally running down a horse and its rider, killing the horse, then leaving the scene. 22-year-old christopher todd was booked back into jail after prosecutors said he violated his bond when he was arrested with marijuana in his car last month. todd allegedly got into an argument with a group of horse back riders near orange city last february, then drove at the group, hitting and killing a horse. the rider suffered a broken collar bone. trial is ten