phil sutton is outside the jail. the suspect could be back on the streets anytime now. >> reporter: at this point it's a question of how long it will take to do some paperwork so they can walk out the doors. he is going to be walking out without a drivers license and under a judge's order not to take -- get behind the wheel of a car. accident with death or injury. >> reporter: the judge lowered bond. gibson spend the night in a jail cell with the chest to cypress street that allegedly ended with him hitting 3-year- old daniel monsalve a. while gibson was bonding out, a surprise arrived at daniel's door. >> hey, daniel. how are you? are you okay? >> yes. >> about your screen. >> reporter: bill heard about the story from channel 9 and the ice cream truck driver danny was visiting when he got hit by the car. >> we told you the -- spoke to the driver on the phone and his native portuguese he says one for sure danny point -- popped out to quick for anyone to stop vinita police gibson really was driving slowly. but the acc

channel 9's phil sutton has been digging into the story of a delivery driver hurt by stray and the judge said the man accused of shooting him could be able to bond out tomorrow. >> ken, that is what we heard and the hearing here at the orange county jail, we know the judge believes that there's a chance 22-year-old jay brown is a threat to the community. he's given the state 48 hours to prove it. we found out jay brown's appearance in front of the orange county judge is the latest in a ten year history of arrests for burglary, theft, drugs, and weapons violations starting when brown was just 12 years old. tonight he's in the orange county jail accused of being a felon in possession of a firearm and improperly exhibiting firearms. >> according to these allegations he's been involved in three different shooting ain't accidents. -- incidents, since the first of january? >> reporter: there's no charges in the shootings. by default a judge would typically grant bail for the charges that are charged in this case but the state is asking the judge to consider what happened to 21-year-old >> i fi

"eyewitness news"'s phil sutton found out investigators are considering whether alcohol was a factor. >> reporter: behind the crime scene tape, first responders spent most of the morning trying to work out how this truck went into the pond. a man said his mom was adjusting the blinding when she saw the truck careening off neptune road. the road, head dive into the pond. >> reporter: we know the 82- year-old driver had been going west and for whatever reason hopped the curb and made a beeline for the water. >> she yelled out for my father. once he saw the vehicle in the pond, he ran out to help. >> reporter: the family called 9-1-1 and said there was no way anybody could have made it out here on time because the truck was sliding into the lake way out in the middle. >> the man in the vehicle seemed to be spa responsive. him. he didn't see lewis id. >> reporter: he said the windows were open, the truck was filling up fast and his mom and dad was upset, knowing do. divers had to come from orange county to find the truck once it sunk to the bottom. it took an hour to drain the water while

"eyewitness news" this morning's phil sutton found out investigators are considering whether alcohol was a factor. >> reporter: behind the crime scene tape. first responders spent most of the morning trying to work out how this truck went into the >> my mom saw a vehicle veer off the road, lose control and head dive into the pond >> reporter: the 82-year-old driver had been going west, and for whatever reason went toward the border. the family had already called 9- 1-1 and they say there is no way anybody could have made it here on time because the truck was sliding out to the deepest part of the lake. way out there in the middle. >> the man in the vehicle seemed to be what responsive. my father was calling out to him, but he didn't seem like he was quite lucid. >> reporter: he said the windows were open, the truck was filling up fast and his mom and dad were upset because there was nothing else they could do. divers had to come from orange county to find the truck once it took an hour to drain the water while troopers followed the last steps. >>> jury selection is set to start tomor

. >>> like a winter garden, phil sutton, channel 9 eyewitness news. >>> we're waiting for the jacksonville sheriff's office to officially identified the remains they believe are that of 21-month-old lonzie barton. yesterday the sheriff's office announced they found the remains in a wooded area with a boyfriend of lonzie's mother told him to look. rumen ebron was facing child with the disappeared last summer. >>> palm bay police are now investigating a bazaar case where a homeless man claims he was beaten up by some mystery police officers. neighbors tell channel 9 jeff deal they found the man laying in the street late sunday night that you asked neighbors about what the victim told them and then took that information to police to see what investigators turned up. >> reporter: i did and neighbors say that night the man inside insisted someone wearing a pleasure beat them up. neighbors found him down on the behind his boat but police are not ready to buy that story. they believe he may have fallen off his bike. and a small palm bay neighborhood, people who live here so a man riding his bike