thing is making a mountain out of a pothole saying perry deserves credit but the town manager says thomas perry is a sales manager for a company called paving and maintenance inc. and is trying to sale product to the town. perry didn't return our phone calls or answer his door when ken macleod went knocking. samaritan or salesman? brenda says they should be thanking him. it's the fact that citizen had to do the city's job that is the real issue here. but steve says you can't have every tom dick and harry running around downtown tasks. the town fails to do the work, shame on them. and social media or the local paper. shame on social media? you can comment on the website twitter or facebook two lovely social media outlets we willread more at 6. >> thank you. we appreciate it. >>> it's 5:5 # 2 still ahead we -- 5:52. still ahead, we look back at enamel is your teeth' s first line of defense. but daily eating and drinking can make it weak. try colgate enamel health. to strengthen enamel four times better. colgate enamel health. stronger, healthy enamel. training. >> another career i may want to tal

people are supporting thomas perry on the daily talker today. and our website and twitter and facebook. lori says good for him he saw need and had the correct supplies and it's done months before the town would do it. beth on facebook says ever have you tried calling the dpw might as well call the white house and demand to speak to the president. the result is the same. nothing. good for that guy. we would love for you to comment join the conversation comment all day long. chris. >> thanks very much. >>> folks, taking the t need to leave the hoverboard at home. starked sparked by overheating batteries. no word on what -- when the ban will take effect. >>> i am going with that's probably a good-- >> i am going with it's probably a good ideago check of the top stories including the veteran firefighters facing serious charges in court. >> a deadly workplace shooting in kansas. what we are learning about the gunman and his motive. >> and flames tearing through a mansion destroying history in newport road eye lant. island. >> good morning. temperatur

. >> reporter: sunday afternoon thomas perry patched it. instead of earning an attaboy, he was ordered to knock it off. >> if i had a hole in the middle of my driveway, you don't have the right to fix it. >> reporter: he used something other than the hot asphalt method, something he practiced on another pothole next to our home. >> we like good samaritans and all that, but instead of filling it, tell us where it is. >> reporter: he works for a company that sells this pothole patch material, and they would like a contract with the town. perry did not answer his door, and he didn't return our call. apparently stung by the criticism he should have protocol for his demonstration. >> he should go through the proper channels next time. >> reporter: while the town seeks to discourage the citizens from following perry's lead, not everyone sees it that way. >> if he's willing to do it, why not? >> from my prospective, it's not that big of a story. >> reporter: apparently fixing potholes is as controversial as not fixing them. >> that brings us to th

. >> thomas perry says he fixed a pothole around a manhole cover on north main street but town officials are not happy with perry's fix. he works for a company that sells materials to patch holes in the road and the town manager says he thinks perry is trying to sell the product. >>> it's not surprise-- >> it's not surprising the potholes are popping up. last couple days. looking like it's going to be one of the warmest on record for us. >> okay. >> which is fine by me. deceiving sunshine out there. we are starting off chilly compared to say yesterday. and it's still breezy out there. wind coming from the the west northwest a that's what's giving us the colder airflow and drier conditions too. beautiful only a couple clouds in the sky. plenty of sunshine though and speaking of the mildest winters 37.2 degrees so far from december to january to february in boston. and this is second place potentially at this point. we still have a couple more days to go but so far looks like the number one spot should stay in tack 2001 and 2002 by just less than a degree. current temperatures in the 30s a

weekend the north main street manhole was surrounded by a pothole and sunday afternoon town resident thomas perry patched it but instead of getting at a boy the town told him to knock it off. >> if i had a hole in the middle miff driveway you don't have a right to fix it even if you are doing me a favor. >> perry wouldn't respond to the request for comment. apparently he works for a company that makes a pothole patch material his company would like a contract with the town but the town says he should have gone through the proper channels. this is the subject of our daily talker on this friday. do you think he should be reprimanded is it okay to take matters like pothole patching into your hands. comment on cbs boston.com or twitter and facebook too. robley have the comments at 5 and 6go folks take the t need the device will be banned. thep they have been linked to fires sparked by the batteries. no word on when the t's ban will actually take effect. >>> apple wants a federal judge to throw out an order demanding them to help the fbi crack into the iphone of one of the san bernardino shooters. the

perry township. we're told that one of the deputies repeatedly ordered the thomas hurko to drop the gun. he raised the it toward the deputy when the deputy pulled the trigger. he was pronounced dead at the emergency room. the stabbing victim was life flighted to metro general because of the severity of her injuries. the deputies involved in the shoot having been removed from the duties, standard protocol, and we're expected to learn about both investigations later this morning at a news conference. sarah phinney, newschannel 5. >> thank you. >>> and new overnight, flakes flying in painesville. some of the area wake up to a light dusting this morning. is it going to stick around for your super bowl weekend? the person with the answer to that would be somara theodore. so many people have many super bowl plans. is it going to be there? >> it's coming down to timing, jackie. >> okay. >> it's moving in sunday night but depends on what time it's going to hit. we'll look at the models later on in the show. for now, let's get through today. we're seeing snow out there. the bulk of the snow is pu

perry township. the man identified as thomas herko refused to drop the -- raised it toward the deputies. he was pronounced dead at the hospital. the stabbing victim was life flighted to meties have been placed on administrative leave, a standard protocol and there was a press conference at 11:30, where more is expected to be back to you. >> thank you. >>> and let's check in with somara. >>> and we're not seeing much snow out there in northeast ohio. a few other than, that you're off to a dry road. the snow flick and 22 in medina. you will ds -- towards the teen and into mansfield and ashland. a cold start indeed. the power of 5 seven-day and rain overnight. >>> and we have an rta service alert to tell you about. the buses replacing trains on the blue line between shaker and van use the rta, keep that in mind this morning and building for you, 77; 71 northbound and 90 with slowdowns as well. an accident blocking the right lane. route 8 northbound at hudson drive and that is causing some backups as well. and this is a look at drive time, 10 minutes for d rockside to downtown and a 14-minut

this happened around 10:15 in perry township in the between hundred block of river road. the suspect is identified as thomas hurko, a woman said her aunt was stabbed multiple times. when deputies arrived at the home, they said that thomas was outside. after the shooting, he was taken to madison er where he was pronounced dead. we're digging into his background and found that he doesn't have any criminal filings. there is a news conference this morning where more information about both investigations will be released. meanwhile, the deputies -- protocol. >>> and breaking overnight, a riot breaking out after a akron. the officers using pepper spray to get things under control at game. the players, coaches, and people in the crowd got tangled up in the brawl on the court and there is video. we're working to get our hands on that to show you. the school officials, meantime, investigating and they said team and player suspensions are likely here. >>> and let's get a check on the forecast. >> we're waking up to snow- covered carbs and salt line roads and this is a look at ashtabula county. seeing the last of the

thomas was there. >>> this is simply the feedback session tonight. to get your opinion whether it ought to go there or not. pierce and transportation director rob perry both addressed a crowd of nearly 300 poem at tonight's public meeting on the greenway. >> we're going to make the comments. we're going to look at them once we get them all in, and we're going to make the recommendation of what the sides wanted. there are a lot of people that love groanway, but there are some people that just don't. >> the greenway which would run between bluff roads in richland county could cost about $2.2 million to build. >> we will thrilled about blue ways and greenways. it's a quality of life issue, and all our waterways connect us. >> i am in favor of it. if it is done correctly. and i travel around a lot from a business perspective. i have seen a lot of really good walking trails that are very effective in the communities that i they serve. >> while there was plenty of positive influence, there were also some major concerns. >> in the flood, and you know, their comfort and security in their home has been shaken a little bit. i think that is going to questions s

perry river road. the aunt had been stabbed multiple times. when deputies arrived at the home, they said thomas herkel was outside. after the shooting, he was taken to madison er where he was pronounced dead. the victim was taken to the hospital because of her severe injuries. i asked the sheriff's department if any of the deputies were wearing body cameras. i was told they don't believe so and a news conference is set for 11:30 this morning. we're hoping we will learn more information and both of -- the deputies that were involved in the shooting are off of their standard protocol in the deadly shootings. live in lake county, sarah phinney, newschannel 5. >>> and thank you. new to news breaking overnight from the live desk. a riot breaks out after a girl's championship game in akron. and officers using pepper spray to get things under control. as soon as the clock ran out, the players, coaches and people in the crowd got tangled up in the brawl on the court and there is some video. team and player suspensions are likely here. >>> and now for a check on the forecast. >> and we're seeing snow fa

thomas. >> really, quite a ledge on that bet after the endorsement. chris jansen, thank you so much. we want to check with kyle perryt are you hearing especially people on this ranch about the state of this election? >> reporter: yes, this is the heart of texas. this is the heart of the cattle industry the agricultural industry, j.d.leher, we spoke about the need to balance local issues and local ones. take a listen. >> i understand that texas has different issues than new york has. but if i was in new york, you know, i would hope, i would understand that other people have different issues and therefore problems the guy at the top has to look at all of them. at least i think he does. >> reporter: thomas, a little more flavor here for you as we are on the ranch, this bull has had it out for me all day. we are in a bit of a standoff. a little flavor of what people are looking four as we approach that big loep star state in tuesday. >> all right. kyle perry, thank you, also a big start to christian jansen, yes. keep in charge of the bull there. >> no, it's cattle. chris, i just want to point out, that you are currently