and that's -- but that's what happened. >> reporter: and the sheriff also said today even if virden's story was true, it still did not justify him shooting an unarmed man who was in handcuffs. as for the deputy, like you said, he turned himself in earlier today. he has bonded out of jail. the sheriff telling us just a couple of hours ago that that deputy has been fired. reporting live in pinellas county, clifton french, abc action news. >> thank you, clifton. >>> we have been working all afternoon to get reaction from both tompkins and deputy virden. >> what he saying tonight. >> reporter: not a whole lot. we spoke to a family member. been home for several weeks from the hospital recovering. we took a look at his facebook page. has been active on social media while in the hospital telling his friends about the progress. he was stoked because he was being released. they were watching the press release or the press conference and they have also retained an attorney. one piece of news that might be comforting for the family is that the sheriff says that he plans to help tompkins' recover

when the investigator asked why he shot the suspect even after getting his gun back, virden replied he was in the position to kick me, injury me, whatever. >> shooting a person in handcuffs who through the testimony of another officer was handcuffs because the person might had kickly is not justification for deadly force. >> he is out of the hospital now and the deputy who shot him is out of a job and facing trial. >> he fabricated facts to justify the unjustifiable. >> timothy virden is now out of jail and the victim does not have medical insurance and the sherrif's office has offered to pay the man's medical bills and that will be significant because he required multiple surgeries and was weeked in the weeks in the hospital. >> all right, just three days away from the iowa caucus. the key vote will set the stage for the presidential election and on the republican field, >> and it looks like his debay debate boycott did not burn him. he was able to control his mess this and stay out of the liep line of fire and he says his absence pushed more candidates to attack his closest rival, te

virden claimed the man -- while handcuffed -- grabbed for his gun. but the sheriff says there was no one of the three mas who escaped from a california he turned himself into deputies this morning. kcbs-tv has exclusive video of his arrest. tonight...a female english teacher is also in custody. she's being questioned for allegedly playing a vital role in last fridays prison break from the orange county central men's jail...in santa ana, california. "r-e-s-p-e-c fio att ms e- e-c-t take carf-c " --- "queen of soul" --aretha franklin -not- only wants you to respect her for her vocal ability .... but also for cooking skills. the multiple grammy winner says she's launching her own food line...stocked with desserts ... and her own brand of chili.. gumbo...and backed chicken. like fellow singer.. patti labelle ... franklin says she's also gifted in the kitch. and she wants e world to know it. you may recall ... last year there was a huge social media buzz about grammy poto pies... the pies quickly flew off walmart store shelves... after hillariously funny

timothy virden arrested dylan thompkins holmes. the deputy says the man tried to take his gun and fearing for his but an internal investigation shows that the deputy's story is not true. >> but able to -- while handcuffed -- do this, do this, do this and then get the gun out. didn't happen. >> deputy timothy virden turned himself in, on charges of manslaughter, he has been terminated. the dylan thompkins holmes said one of the bullets nearly hit him in the heart,. the sherrif's office has offered to pay the man's medical bills. and police say the body of linda marie smith was found in the room of a budget hotel room on tam i tamiami trail. there were no signs of obvious trauma to the body, but a man room. the monkeys were taken by fish around wildlife i have i have officers and are said to be in good health. >> and wait until you hear how busy this man charged with car burglaries was. what is the damage here, josh? >> are you ready for this? he is facing 106 charges. 106. he is 20-year-old torries kermit davis, arrested yesterday.

he says timothy virden was the picture of law enforcement. a decade later his attorney says he is lucky he is in facing harsher chargers. -- charges. >> reporter: we are still first arraignment will be. >>> thank you, a winter haven woman now facing charges of the murder of a lake alfred softball coach. a grand jury found he made false statements and tampered with evidence in the case. he was shot in his own driveway back in august. his coworker often drink and is behind bars charged with his death. his relationship is still unknown at this time. he's behind bars on a $270,000 bond. >>> police making an arrest in a november accident that nearly she was high on meth when she drove across one lane of traffic and hit a girl who suffered severe head trauma and tried to -- she tried to drive away but a witness ran over and grabbed the keys out of her hands. >> we know she is impaired by something but what is it? $30,000. she's recovering from her injuries. >>> they finally caught a suspect accused of doing creepy things to female realtors working

alex: virden turned himself in friday. sheriff' s office. right now, one inmate is back behind bars, but two others remain on the loose in california. bac duong gave himself up friday, but there is still no sign of the other two. investigators say, duong is cooperating with their investigation. a friend says, he decided to turn himself in. >> he came. he just showed up, and he told in, so my wife makes a call. >> did your wife know who he was? >> yes, of course we do. he' s my friend. alex: deputies believe the other two inmates could be in san jose, and riding in the same suv. alex: turning to commitment 2016. iowa voters are just two days out from the caucuses. now, they' re closely watching the response to hillary clinton' s latest e-mail scandal. late friday, the state department confirmed e-mails found on her private server had information so secret, they were classified the highest level possible. a spokesperson says, at the time, that information was not nbc' s lester holt asked clinton about the emails just moments secretary clinton:

is a .28 drunk can reach around, do this, do this, do that period of time of the can't happen. >> virden who was fired has been released on it thousand dollars bond. the sheriff apologized to tompkins-holmes say the 26-year- old may have been drunk and mouthee but did not deserve to get shot. the sheriff also agreed to pay his medical bills. >>> we've learned before signing on with the sheriff's office he was an officer with the same police department. in january of 20303 he was -- 2003 he was recognized as an outstanding employee. >>> keeping you safe and secure for gasparilla tomorrow. the reputation for handling such large scale events is so good other police departments are taking note. more than a dozen commanders from departments all across the country they are here in tampa >> what they focused on is quit reacting to things, they've got real time information going to their front line officers of specific crimes that are happening in the officer's immediate presence. >> gasparilla isn't the only event tpd has successfully handled, they hosted two super bowls and the republican nati

for a struggle -- which the audio didn't capture anyway -- "this is all inconsistent with deputy virden's version of events." tonight, the sheriff is defending his own actions as well -- on the morning of the shooting -- he defending the shooting -- explaining the deputy was in fear of his life - saying he gave the public the information he had at the time. "this is a 180, but it's a 180 because the man lied. and i get it, i hear you, but that's just what happened." clifton french reporting. coming up later.. in tonight's abc primetime lineup on channel 13: 8:00 - last man standing 8:30 - dr. ken at 9:00... watch a las vegas man.... who's appearing on "shark tank". we tried to get some inside information.... ahead of tonight's show... but... shawn patel wasn't revealing much. 13:55:03:18-13:55:12:26 they and yououreally have to convince them rather quickly on why you have a competitive advantage in your space. the clark high school alumni is trying to get the panel on the show.... to invest in his company.... that can help more students.... get into college. his company helps students....

the sheriff now says timothy virden lied about what happened on december 30th. while he says there was a struggle with a handcuffed suspect, the sheriff says that' s not the case. the suspect was shot twice but did survive. the sheriff says virden never called out that someone was reaching for a gun. >> i feel bad for the guy. he should never have been shot, there is no justification. alex: virden turned himself in friday. he has been fired from the sheriff' s office. right now, one inmate is back behind bars and two others remain on the loose in california. bac duong gave himself up friday but there is still no sign of the other two. investigators say duong is cooperating with their investigation. a friend says he decided to turn himself in. >> he came. he just showed up, and he tell my wife that he want to turn in, so my wife make a call. >> did your wife know who he was? >> yes, of course we do. he' s my friend. alex: deputies believe the other two suspects may be in san jose. turning to commitment 2016 iowa , voters are just two days out from the causes. now

timothy virden turned himself in after a warrant was issued for his arrest and released after posting a $2000 bond. charge was inappropriate and that his clint did nothing wrong t is rare for an officer to be charged in a use of force case in florida. there was a sheriff's deputy charged a month ago for a use of force case but it had been 26 years before one officer was charged. back to you. >> tina jensen for reporting. >> thank you. >>> a bizarre story out of north port. a woman's body was found in a motel. that was not the only unusual thing found on the scene. they were called to the budget inn just before 1 p.m. they found a woman dead in a room there. they were questioning a man, they're questioning him at this time, they found two monkeys inside cages in the room. they are calling the death suspicious but at this time they there -- they are not releasing the cause of the women's death. >> the gentleman combative and hope he can answer some of the questions of why they were here and why the situation came to be. >> the officers say they have an idea of who those two people are,

. >> the deputy timothy virden turned himself in on friday after a warrant was issued for his arrest. later he was out on a $2000 bond. this is video of the incident on december 30th. you cannot see the shooting but you hear the 26-year-old taunting the deputy. >> then you hear gunshots. >> at the end of the video, you hear certain words. >> that's at the conference. >> simply put the version of events could not and did not happen. he had no legal justification to shoot the victim. >> it is a reversal from what he said a month ago. provided a justification for his deputy's actions. >> during the course of that struggle, the deputy was concerned. >> at the conference the sheriff stood by theisation to make a call off an investigation was called. >> he lied. >> and he showed off a belt and a gun hollister to show how improbable the merges of events would have been to begin with. the 26-year-old was sloppy drunk, cuffed and did not have the knowledge how to release the gun out of the hollister. >> there is no evidence of a struggle or evidence of a reaching for a gun. this is inconsisten

. >> deputy virden shot the man twice, his story is that tomkins holster. the deputies version of the events just is not physically possible. >> but able to -- while handcuffed do this, do this, do this, and then get the gun out. it didn't happen. >> especially not with a blood the other deputy on scene that night who was standing behind the cruiser at the time of the shooting said he never heard a struggle over a gun. when the investigator asked virden why he shot the suspect after getting his gun back. virden replied he wa position to kick me, wound me, whatever. >> through eyewitness testimony through a deputy has offered no resistance, because a person might kick you is not the legal use of deadly force. >> it almost was dead will, one of the bullets came within centimeters of hitting the man's heart. >> he fabricated facts to justify the unjustifiable. >> that was fox's chris cato. >> breaking news we're, would go in orlando. police investigating after they of cars at a hotel overnight. it happened on the university boulevard in orlando's tourist distr

the sheriff says deputy virden, seen here in his days as a st. petersburg police officer acted contrary to the law. and that he fabricated the events of that n nht. there was a good witness. >> deputy tom randall was there the entire time and testified that dylan was mouthy but never offered any active resistance and never reached for or touched deputy virden's gun. >> the sheriff says there was notot struggle for the gun and no reason for the deputy to believe he was in danger for his life. tompkins-holmes suffered two gunshot wounds and spenteeks in the hospital and has no health insurance. the sheriff is offering to pay all his medical bills saying it's the right thing to do. >> that was peter bernard when asked his version of what happened, former deputy virded told investigators he felt tompkins holmes could kick, wound or injure him. the sheriff says that's no reason to shoot a man. >>> let's get over to meteorologist erika delgado. how chilly are we? >> waking up to mid to low 50s across the board. now we're beginning to warm up because th

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

the sheriff called a press conference saying today that deputy virden had no reason to shoot a handcuffed man on december 30th. now he said that the deputy lied, that's the deputy right there, but dash cam video and audio uncovered the truth. >>> right now a bizarre discovery at a hotel room where police are now investigating the scene at a budget inn. they say the death is suspicious. take a look inside the cage. a monkey. two were found in the room. wildlife officials removed the monkeys while police questioned one person. >>> i'm here with ivan with something that everyone wants to know about, the gasparilla forecast. >> yes. i'm so glad this is not one of the forecasts where it may rain or may not rain. pretty sure it will be a nice one. this will be looking good as we check out the forecast for tomorrow. by the way, yes, the parade itself, you are interested in that i'm sure, 2:00 to 5:30 along bayshore boulevard. i have front row seats for that. temperatures holding in the 60s. we may top off at 70 but mainly through the day we will stay in the 60s. milky sunshine and high clouds bu

timothy virden said after pulling a car over for suspected you dui he place and unruly passenger in handcuffs. hey then said the handcuffed manned grabbed his gun forcing him to shoot him. but the pinnell's county sheriff said vernon lied and there was never any struggle.>>> crews work to repair after a tri-rail train went off the tracks in pompano beach the train hit debris between mcnab road. it spilled 2200 gallons of diesel fuel on tras. only one of the 56 people on board had to go hospital to the hospital with minor injuries. >>> at this hour we're working to find out if anyone was injured in a school bus crash this morning. sky 10 was oaf the keen near southwest 58 ath have avenue and 23rd athlete. the firefighters were there but damage to the vehicles appear to be minor. >> janine: a spokesman for the u.s. navy said that iran acted in an abnormal and unprofessional way after they flew over a drone -- flew a drone over a u.s. aircraft carrier. the navy evaluated the drone and determined it was unarmed and posed no danger to the ship, but the potential for problems was there. the carrier