tv FOX 29 News at 6PM FOX September 12, 2017 6:00pm-6:30pm EDT
he failed inn voluntary manslaughter and reckless endangerment charges. bruce gordon joins us now. the bruce, the judge ruled no evidence points to crime. >> reporter: yeah, did he inn died. in a ruling frankly most uncommon. shutting down a criminal case before it reaches trial. common pleas court judge thomas garrett ruled in essence that an accident no matter how tragic, no matter how gruesome is not necessarily a crime. >> state prosecuto prosecutors n voluntary manslaughter against against amtrak engineer brandon bostian alleging his actions while at the controls amount to do criminal conduct with deadly results. the judge's ruling brings that criminal case to an early and stunning end at least for now. bostian's attorney is cheering the decision. >> i think the judge concluded that this was a goodman who unfortunately was involved in tragedy and this accident occurred. there was no criminal intent. there was no crime. >> reporter: bostian accelerated amtrak 188 to
106 miles per hour entering it's sometimes dangerous frankford curve on the night of may 12t 12th, 2015. the train derailed killing eight people and injuring more than one hi 50 others. amtrak paid out more than a quarter billion dollars in civil judgments. but the philadelphia district attorney's office declined to file criminal charges. citing a lack of evidence. legal maneuvering by attorneys representing the family of a crash victim led to the state attorney general making the case. but it was never a slam dunk. federal crash investigators ruled bostian was neither high nor drunk nor playing with his mobile phone at the time of the crash. they believe he may have been distracted by reports of vandals throwing rocks at septa trains nearby. i brought this map back from the federal crash report in washington in may have last year. bostian at the train going 106 in a 50 miles an hour zone. approaching that curve. but if he thought he was farther along the tracks, i don't know the curve as investigators believe, his speed would have been completely appropriate. in what soon became a 110 miles
per hour zone. i caught up with plaintiffs attorney tom kline moments after the judge's ruling. >> your reaction? >> the families will be saddened and disappointed. the decision comes somewhere between surprising and shocking. >> reporter: brandon bostian left court without comment this afternoon. but attorney brian mcmonagle describe his client as relieved. no on camera comment from the attorney general's office. they must decide whether to try and resurrect a case that has now been rejected by a local da and a judge. lucy? >> all right. thank you very much, bruce. fox 29 weather authority right now. live at radar let's check it out. that is what is left of hurricane irma. just a tropical depression now with florida in the clear but a long road to recovery. irma's rain now headed north. >> kathy we can get a little bit wet soon, right. >> it will be more of a nuisance than anything else. some occasional showers. bad hair. you know, high humidity.
the whole thing. you'll be able to feel that tropical moisture by tomorrow morning. already seeing the clouds as high cirrus clouds moving in with outer bands of irma. just a huge circulation even though it's weakened to just an an area of low pressure you can see the clouds made it to wilmington, down the shore as well. temperatures still in the 70s. 78 in philadelphia and trenton. it is 72 in dover and millville and atlantic city 73. down the shore temperatures right in the lower 70s very comfortable with that on shore flow the ocean water sitting at 72 degrees. temperatures will be falling through the 70s during the evening period. just really nice though and as the humidity increases, it will make it feel even warmer. 73 degrees for your tuesda evening at 9:00 p.m. by 11:00 o'clock, look for a temperature of 70. coming up we'll talk about the remnants of irma and time out that rain for you. also the very latest on hurricane jose and the odds of that impacting us. i'll see you laterred in broadcast. i'll have the seven day. >> sounds like a lot to talk about. thank you kathy. irma has come and gone but the damage it has left behind in
florida is extensive. here's where things stand right now. as a massive cleanup evident gets underway. in florida, alone, about 10 million people have no power. 110,000 people are still in shelters across the state. and officials have blamed 118 deaths in the us with 37 in the carribbean. many folks in in order can still not go home others have finally made it back for the first time in days. >> most commercial airports are open again but many flights are still canceled or delayed. joel waldman who used to live and work in miami has been covering things for us all week there. he joins us live now at miami international airport. joel. >> reporter: iain and lucy, good evening to you. i'll tell was. things here pretty slow. might look like it's a little bit busy but for miami standards definitely very very light traffic. now this is the american airlines counter over there. typically this airport has about a thousand flights, you know, coming in and out on a daily
basis today only 30% with about 150 flights going out and 150 flights going in. we'll pan over here and show you the good old arrivals board here and as you can see, this is philadelphia right here. these are arrivals and it's canceled, canceled, canceled right down the row here but there was a flight that we saw earlier on that actually left. that departed for philadelphia but as far as flights leaving philly for miami it appears that they're all canceled today. meanwhile, the real devastation today in down in the florida keys. it is a big big problem. there's a difficulty with communication. loved ones now starting to get very concerned who are outside of the keys about their relatives who may have tried to ride out the storm down there. we're hearing that social media they're trying to do stuff through social media to try to
find out if people are safe. but with the internet down and cell phone service out, it is becoming more and more difficult. iain and lucy. >> yoel, very quickly. they were talking about the bridge. of course there's one highway out of there, right? so how are the bridges and the stability have they been able to sure that up or assess the situation? >> reporter: shortest answer right now they are still assessing all of this. the miami dade county mayor gave a presser this morning, news conference and it was interesting. you know more than 90% of the county here was out of power the last number i heard was about 880,000 people without power. now it's up to 650,000 people. but he said miami dade county compared to the keys was just night and day. >> right. >> he actually is just getting on a chopper now to go down to the keys to survey it which is really the only way to get past the middle portion of the keys on down south from like down to key west. so he's going to see what miami
dade can do to help out down there. but it seems like it's a very very dire situation down there. we have our own reporter down there. >> right. >> who notified fox news that he's quickly running out of supplies. things like water, obviously batteries all of those searches. so they're going to have dull time in bottom part of the sta state. >> absolutely. monroe county hurting very badly right now. joel waldman in miami. thank you much. >> harrowing stories of fear and survival continue as local radio mix master returns to philadelphia. >> c130 air lasted him from the devastated island of st. maarten. so it was hit by cat five irma. fox 29's joyce evans joins us in studio with the return home for a couple of popular radio dj's. joyce what an odyssey. >> absolutely. a long vacation to say the least for dj touch tone who hatches to be blind and is evening drive basely many party at five partner lady bee. now of course they're friends and families were worried. can you imagine being their boss
and not knowing what was happening? >> dj touch tone. ♪ >> reporter: dj touch tone back on the area at radio 1 pound 00.3r and b. >> ♪ >> reporter: spinning and scratching hit tunes in the 12:00 o'clock work out mix with can ren vaughn. >> we're happy you are here because you are family touch tone. >> good to be back. good to be home. >> reporter: karen is the midday maven but her main job is operations manager here. >> you know, it's heart wrenching because you're watching the news cycle and all they're talking about is the storm and where it's hitting and you know that you have employees in the carribbean. you know you have employees on st. maarten island. at the same time dealing with family and in south florida, um, family, um, in the tampa bay area, and in jacksonville. report roar she's been glued to her phone for days now. >> everybody is good. i haven't been able to reach my sister. so hopefully i'll be able to reach her bite end of the day. >> reporter: meantime, everybody is relieved to have lady bee and touch tone back in
the studio. >> back to the ground running. back to the grind. back to normalcy. >> and we're happy they're both home. without a scratch even. he's praising the u.s. military as lucy said air lived him and everybody else to puerto rico so they could make a connecting flight to philadelphia. his travel companions for having his back through this horrible, horrible ordeal. iain. can you imagine. >> incredible stuff. glad he's home safe. thank you. deadly fire hits overnight in wilmington. the flames started at a home on west 37th street around midnight. >> one manmade it out but when he thought his wife had not, he rushed back inside. fox 29's dawn timmeney has more. >> reporter: such a heart-breaking story. the husband went back into the burning home to save his wife's life just as he was going in, she was coming out on to that roof jumping into a neighbor's arms. he never made it out. >> i'm very upset.
because -- this woman breaking down in tears after learning the man who was always so kind to her two daughters died trying to save his wife from their burning home on the 100 block of west 37th street in wilmington. >> so friendly. whenever he cease me always smiling. >> reporter: the fire broke at about 11:30 last night. jamar warren and his family were watching tv and heard screaming outside. when they looked out, they saw flames smacking against their window as they shot out of their neck door neighbor's home. >> every window like down the side, every doorway, it was just a blaze. >> reporter: warren ran outside to help. and that's when he spotted the wife on a second floor roof about to jump for her life. >> i'm like hold on unfortunate ask jump into my arm. just jump to me. just jump top my chest. >> i caught her when she jumped off the roof. >> i had to try to help her. she's like 70 years old jumping off roof. i can't get her jump straight to the ground. >> little did the hero neighbor know just seconds earlier the woman's husband of some 30 years
had gone back into the burning home to save her. never to come back out eye ali alive. >> if he'd have waited 30 seconds he'd have seen her coming out on the roof and me and him both would have been catching her instead of me catching her and him dying inside. >> reporter: sadly members -- familiar members identify the victim as archie monroe. his wife donna is hospitalized in critical bones with broken bones to her back. fire investigators don't have an exact cause just yet but say it was accidental. they also tell me there were no working smoke detectors in the home. in wilmington, dawn timmeney, fox 29 news. >> coming up next former student athlete is suing the school district of philadelphia. she says the school did not give her the same opportunities it gave her classmates. sean bell. lucy, allegedly behind the scenes there's ban lot of drama between doug pederson and jim schwartz. today schwartz stepped up to the mike and cleared everything up. hear what he had to say later in sports.
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♪ developing right now, allegations tonight against a philadelphia school district. >> female student athletes are claiming the discrimination. let's get over to fox 29's jeff cole who's in studio with developing details. jeff. >> reporter: federal claim filed just this morning philly schools were accused of sex and race discrimination against femur female athletes of of color playing lacrosse and field hockey. there's a troubling claim tonight of a big opportunity loft. nadirah mcrae says for as long as she can remember she's loved athletics. now her passion is lacrosse. >> as i played, i grown to love the sport actually more than i actually love basketball now. >> reporter: her former coach says, she was a strong player good enough to play in college. >> mylar goes tout nadir. she is a great kid. um, based upon her home situation her mother has severe lupus. this was her way out. this was her opportunity to get a better life. >> reporter: in federal class action lawsuit, attorneys claim
other female athletes the victims of sex and racial discrimination by the school reform commission and the school district of philadelphia. >> the district has embraced the stereotype these sports are not for girls of color and they have actively blocked the opportunities for these girls. >> reporter: the suit claims the young women at strawberry morning high played the same small group of schools repeate repeatedly and were denied support. >> games canceled buses cancel canceled. um, playing the same teams over and over again which i then deemed the negro league based upon only playing girls of col color. >> reporter: smith claims she was fired when she complained to the district a source with knowledge of the situation says her contract was simply not renewed. in a statement the district writes, one of our core values as school district is increasing opportunity in the classroom and on the playing field for all our students regardless of race or gender. lawyers from mcrae say she also
lost out in a chance to play lacrosse at the university of hartford in connecticut when the district failed to forward documents to the school. >> it made me feel that like we weren't good enough to play lacrosse because we were discouraged so many times from not playing and like not being noticed for like the great potential that we have. >> reporter: the university of hartford did not return our calls for comment. a source says mcrae's transcript was supplied and received by the university on august 9th. it says its goal the school district says is equity in giving all students the opportunity to achieve. i'm jeff cole, fox 29 news. >> thanks jeff. let back to your fox 29 weather authority now. >> meteorologist kathy orr who has got lot to talk about. >> we've had a lot to talk about for while. haven't we. >> um-hmm. >> it's been weeks. yeah, we talked a lot about harvey and then irma and now we're taking about the remnants of irma down the shore this is ocean city. folks have their pants on/sweatshirts on much it's warm down there, but it's a little
bit breezy. we're talking about humidity on the increase because of irma. right now temperatures in the 70s. 70 in mount pocono. 78 in philadelphia. 70 in wildwood. the ocean water temperature still 72. those outer bands of irma living toward the north and east. you can see those high cirrus clouds that's one part of it and these rain showers that will be moving in. right now the air is relatively dry. the dew points are in the 50s for the most part and 60 in millville. but that's pretty refreshing as we see that tropical moisture moving in, we're going to go into the uncomfortable zone by tomorrow afternoon and you will really feel the difference because temperatures will be quite warm as well. as we go hour by hour, increasing clouds tonight. tomorrow morning into the late morning hours, some periods of rain. some heavy possible. and then by the evening some spotty showers. we do it again on thursday. we'll watch a front move through. so some spotty showers during the day. some heavier rain even a few rumbles of thunder by late thursday and by friday we should slowly be drying it out. so friday almost looks like an
improving day so so far so good. keal our fingers crossed. half an inch of rain possibly in some locations. locally about an inch but very humid for the next couple of days and down the shore some rough surf from irma and also because of jose. the latest on jose a category one storm is going to do a loop and then the latest track has the 5-day forecast pushing it back out to sea. so it would not be a threat to the mainland u.s. spaghetti models 99% of them do the same thing. and push that storm out to sea. so that is great news obviously for all of us. low temperatures tonight 63 in philadelphia. 50's to the north and west. 60s to the south and east. during the day tomorrow very pleasant high temperatures in the mid to upper 70s. but of course we have the rain and humidity. after we get passed i'd say late friday it's going to be very nice. saturday sunday monday and tuesday nothing but golden sunshine. looking good. i think morning clouds then increasing sun for friday iain
looking good. >> that looks good to me kathy. thanks. >> get ready to be scared. terror behind the walls at eastern state penitentiary is come back. the popular halloween attraction raised the two gargoyes named frank and carson. they sit on top of the prison waiting to scare visitors as they enter this year there's a new attraction called the bone yard. if you think you can handle it. >> no i can't. >> it opens next friday. [ laughter ] >> i can't handle the truth. >> sean, what's coming up in sports. >> i not be at the prison if i don't have to be. >> you and me both. >> eagles got a big one in week one. the protegee has to face his teacher. going against andy reid. >> drama behind the scenes. defensive coordinator jim schwartz clears all the rumors up much that's coming up next in sports.
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[ both smooch ] you're danny? i'm steve. joseph, i'm steve. how are you? nice to meet you sir. no different from everyone else. they just want a job. they want respect and they want dignity. steve called fairly frantic. you know, he had a premature baby and i think he had just been given the diagnosis that she had down syndrome. lauren brought out the best in me. she made me a different person. lauren's the spark that started the fire. the goal is keep places like this open so all people, regardless of disability, have an opportunity for employment.
♪ eagles found themselves a replacement kicker today they signed jake elliot from the bengals practice squad. that was a rookie drafted in the fifth round much suspect training camp with the bengals. so hopefully he comes here and gets his grove back. now, there was allegedly some drama behind the scenes with eagles. report came out that said doug pederson and jim schwartz had beef with each other. the reports even went as far as to say schwartz was trying to get the head coaching job behind doug pederson's back. that he was basically trying to kick him out. today swim schwartz stepped up to the mike and shot down all of those rumors. >> i am very comfortable with my relationship with doug pederson, and i know he's comfortable in his relationship with me. i work extremely hard to execute the defense the way that he has
outlined it for me. i can be brash. check. i can be in your face. check. that's the only way i know to coach defense, and, um, you kn know, as long as coach pederson is fine with it i'll continue that and he is. >> all those rumors are false. okay that was nonsense much this week doug pederson has to deal with andy reid his mentor his teacher, his sen-sai. bowl guys will say it's about the team, but you know they want to beat each other bad. pederson and read spoke about facing each other. >> it will be fun to see him big red on the other side. you know, but at the same time i know that he wants to kick my tale and i want to kick his, and um, you know, listen, andy reid teams are well prepared as we know, and you know, we got to do the same thing this week. >> i have a lot of respect for him, and i think he's done a nice job there. i know he'll have his team ready and they'll come in here he's got good football team. >> to the phillies they're back in action tonight taking on the marlins.
the phils lost four out of their last five so hopefully they can bounce back against a marl license team that has been awful over the last month. to nba news kobe bryant will have his jersey retire at the staple center in december against the warriors. now the question was, will it be eight or 24? sources are saying it's going to be both. he's getting two numbers retir retired. that's the first player to ever have that done. >> wow. >> whether you're eight or 24, all right killer. >> he was. >> okay. eight had three championships. four finals. 24, two championships, another final. >> whose countering. >> exactly. i'm counting all of it. okay. >> the black ma'am ba. >> the black ma'am ba. lower merion's own. congrats kobe. >> got his big boy pants on i guess. [ laughter ] >> that does it for us here here at 6:00. have a great night. "the q" is next.