Happened. Just in surprise pd updating us on accused drunk driver who crashed into and killed 20year old a heck is rumer on monday. Police say they were on his tail after he was thrown out of a business for threatening customers but he sped away before they could catch hip. Once hes released from the hospital we will identify him. Shocking act of violence against these Phoenix Police officers but a major question still looms what will mark payne be charged with. The clock is ticking for the county attorney to form charge him or he walks out of jail 48 hours is the deadline here. Reporter that gives the county attorney until about 11 00 tomorrow night to file charges. If police have their way the headline will read attempted murder and aggravated assault with a deadly weapon. Meantime Digging Deeper into paynes past fighting to stay out of jail is how he landed in white very violent person will fight with officers on contact. Seems to be stating the obvious after watching this video as police say mark payne ran down three Phoenix Police officers outside a qt. Check the date on that statement. Debt despaigne 1997. Payne arrested for fighting with three Phoenix Police officers. Feelings like deja vu. The report says it started as a traffic stop expired plates and a warrant. But payne told the cops he wasnt going to jail and starts kiing d the officers bruised up payne slapped with felony assault charges. But at the time he had a steady job, friends wrote character references honest i a hard working and he did work to redue his probation down to one year kept his nose clean his charges reduced tie misdemeanor. Fast forward nearly 20 years here we are. Everything can change and yet so much seems to stay the same. So assuming charges are filed week tuesday as for the three officers involved in this case, tonight they are all lucky enough to be back in their own beds. Back to you. Thanks so much. New video mug shots to go along with it as we learn u. S. Marshals track down a woman in wick enburg accused of shooting and killing her parents. Elizabeth mcdonald is her name. Shes going to be sent back to texas to face the charges. Police say her brother james was also involved. Hes already back behind bars in odessa. Punishment handed down to a Williams Police officer after this arrest was caught on camera. Its an update to abc 15 exclusive. You see in the video the officer puts the suspect in a chokehold causing him to pass out. The chief of police tells us the policy was violated. Officer was suspended for three days independents investigation found no wrongdoing. The suspect was being arrested about living in arizona a battle is brewing in the east valley where construction could begin on preserved land. Kim tobin joins us live from the mountain preserve where the writing is on the wall or at least some signs kim. Reporter oh, yeah they got the signs up tonight letting people know all about this saying this big project is under consideration at this point. The Desert Discovery Center to be built at the gateway trailhead. Lot of research to do but not Everyone Wants to see this go up. The hiking, the wildlife, the scenery all reasons why people visit the mcdouble mountain preserve. Mountain biking is your favorite thing. Reporter nathan alex and is committed to keep it just the way it is. They dont want to public to vote. Reporter the city plans to move forward with building the art renderingings show what looks like a museum style building that could likely cost millions of dollars but have not confirmed where the money will come from. I love the son or an decemberer. Reporter its early in the process and the city is still conducting research. They will be done with that report about a year from right now and thats when the community should have a dialogue about the Desert Discovery Center. Reporter the opposition claims they raised their own taxes years ago to preserve the land but supporters say the Discovery Center was always part of the ig give the people a vote on this in the november election or pull the plug until you garden us a vote on it. Its premature to decide whether the public will vote on it. Reporter one thing each side can agree on is their passion for this land. So again a lot of work to be done and decisions to be made on this, but the Scottsdale City Council dug plan a work Study Council chambers next them there they are rallying together all to spread their message and make their voices heard once again. Well be right there as well following every step. Kim thank you. He exposed himself and hes only 17 now hes in big trouble. An arrest made in that jogging path creeper case although starting back in june went on for several weeks this guy was targeting women along the bridle path which runs along central. Were told that 17yearold admitted he drove up to unsuspecting women mumbling something attention and then exposing himself. I honestly thought after my incident happened that it was such a random thing that he was just going to disappear, go somewhere else and i really didnt think that he was going to be caught. Hes only a minor a in the eyes of the law so we dont have his name or mugshot. A deadly crash in the west valley a man behind bars accused of causing. Police arrested 19yearold Keith Johnson and details are chilling. Investigator say he was trying ran into 3 cars near litchfield and peoria this morning. 46 yearold margie yawmehlos was killed in that crash. To word on the condition of the other drivers. National guardsman comes home to a big surprise but its not the good kinds. John erixon is live tonight. He had to call police just to find out where his car was. Reporter it all has to do with his lice were expired. He doesnt want what happened to him to happen to any other service. It was gone because it was towed. 2,000 is a huge punch in the gut especially for something that you had no control over. Reporter that was the bill after his car spent almost 2 months impounded. He says the car was towed because he cone put his new registration tags on the physically on the car because i was 2,000 miles away. I was away serving my country i had no physical means to put these tags on my car. Reporter he says he told the staff at the apartments in chandler he was leaving for military training. The car was towed anyway. Because this is a really unfortunate thing that happened to a military member. Reporter the together company reduced the charge from 2,000 to 700 and after we took action and called on the issue the Apartment Company sa will take care of the rest. They will credit Second Lieutenant sellers of 700 left and he can probably use. He and his wife are expecting their first child. John erixon a cornerback 15 news. A group that provides lifesaving services for valley vets is about to get their most important piece of equipment back. Someone targeted the ambulance and ripped off the wrap on that vehicle. But desert signs in cave creek contacted the owner saying they tomorrow they expect to finish the repairs revealing the new look on friday. Glendale kids are setting their alarms extra early for tomorrow morning. Thats when they start aid a new schedule at a new school. Landmark elementary closed for students safety crews have to make emergency structural repairs and while that happens the kids have a 7 00 a. M. Start time as they share the campus of desert spirit elementary. Its almost like its going to be the first day of school all over again where you by students in and you show them where to go. Were going to have to do that. Second Glendale School has similar structural problems. Kids from challenger middle will start at their temporary campus on friday. From the let Joe Know Team update on it t closure that left more than a thousand valley students unfinished degrees. Tomorrow night they will finally get answers state official hosting a meeting to address transfers to other schools loan forgiveness programs and how to get your advancing Technology Tempe at 6 30 well have all the details on fox23. Com let joe know. The recount process underway to see who wins the republican nomination in the fifth congressional district. 16 votes separate. We reached out to the secretary of States Office to see how many votes have been recounted so far. They were not able to give us a total but we can tell you friday is when we expect to get that final tally. Hundreds showing up vigil along our border with utah marking a somber anniversary of deadly floods near colorado city. At least 12 people were killed many of them children. One boys bodies board of education was swept away and has yet to be found. Most accurate forecast and dry air surging in from the west right now clearing out any chances for rain across the valley for the next several days. Clear and quiet on abc 15 desert doppler statewide and temperatures are really going to drop. If in fact were looking at the valley and the state. Temperatures down into the 70s here by 1 00 a. M. Bottom outright around 72 degrees in phoenix at 6 00 a. M. With many other valley spots waking up to the 60s. Coming up in just minutes well take you city by city so you know how cool its going to get in your neighborhood and the spots across our state that could see the first freezes of the season tonight. She has a tattoo of a rose on her arm but theres nothing rosie about what shes accused of doing. Take a close look Surprise Police say this woman with the guy next to her stole someones purse and they have been trying to make purchases ever since. If you know anything about them call police. A cry for help this man screaming from the roof of a small car dealership near i17 and indian school. The rooftop stands off started with police getting a call about shots fired but when they showed up this guy scampered up a ladder refused to come down we caught up with the woman who called 911. I was outside painting in my backyard and i just kept over and over again and call 911. After about the third or fourth time of him saying call 911 i decided i probably should. The guy came down peace think an hour later. Taking a swing at Colin Kaepernick wait till til you hear what a dbacks executive will to say. After a string of burglaries in the lakewood neighborhood of a way took he concerned residents meeting with police trying to see how they can put a stop to it. You guys are out working these guys are out working breaking into your house. They know that they drive around and look for these opportunities. The big take away remember tlc, take it lock l conceal it if you dont want something stolen you got to follow three steps and think about starting neighborhood. He never was and never will be the i10 freeway shooting those words coming from leslie merritt, jr. s attorney as they sue the state and the county for potentially millions of dollars change malicious prosecution. Even though merritt, jr. Is out of jail now his lawyer says this has not been easy on him. People still confront him in the street. He told me that just last week a man wanted to fight him while leslie was out with his hes had a very difficult time and will continue to do so. County attorney Bill Montgomery named in that lawsuit abc say getting his reaction to this news. Theres not much more i can say other than im aware of it and well handle it as we go forward. He says its possible an outside agency might handle the court case to avoid any potential conflict of interest. Border patrol agents staying busy as ever more than a dozen hours. Agents finding 65 pounds of meth hidden inside a car and another 13 pounds of meth in addition to 38 pounds of cocaine. If all of those drugs are sold on the streets they would be worth more than 670,000. 20,000 in scholarship money lost just an hour before his first class at asu. Eduardo 0 live assess it was all because of his immigration status. But an update to share with you tonight thanks to hundreds of online donors he has that back and then some. At last check his go funds me page had had more than 25,000. Whats the deciding factor for you in the president ial race . The candidates views on the committee, immigration how about their personal Health Record . Seems to be on the focus these past few day Hillary Clinton releasing a letter from her doctor is recovering well and return to the campaign trail trail tomorrow. Donald trump revealing the results of his medical exam on to lose 15 pounds. Trump handling a difficult day in flint michigan effort invited to hillary failed on the economy, just like shes failed on Foreign Policy everything she touched didnt work out nothing. Now Hillary Clinton i invited you to thank oh, okay. Not give a political speech. Okay thats good. He would get talking about the water crisis abruptly ens his speech when hecklers started shouting at him. Hes used to showing video on Football Games but not for this. New video of a now former u of a running back facing a judge over Domestic Violence accusations. The lands of bradford officially dismissed from the team. A woman hes accused of attacking telling a judge shes scared if hes let off the hook. By now you probably form your own opinion on the by Colin Kaepernick. Wait till you hear what tony larussa had to say about it. I really distrust kaepernick s sincerity. I was there in the bay area when he was a star a real star i never once saw him do anything but promote himself. He says he wouldnt allow the behavior if he were the coach. He also says kaepernick wouldnt be doing this if he was still a super bowl caliber quarterback. A minor setback in the effort to expand light rail in mesa. Construction on the next was supposed to begin in august but now its delayed until at least october 15th. Crews neat need a little extra time to work on the design which add two miles of track going east 0 gilbert road along main street. Were hoping that all ends soon. Were cooling things down in the morning. Drier air is coming in temperatures will drop even more overnight tonight were already down to 85. At phoenix sky harbor. Humidity at 20 getting ready dry the document has fallen into the 30s it will go even lower as we head into tomorrow. Winds out of the west southwest at 5 miles per hour. Well keep those less than 10. And theres a look at your temperatures across the valley you see those numbers updated seconds ago. So we now have buckeye, creek in the 70s. Wick enburg is too queen creek down to the southeast there. The rest of our phoenix metro cities in the 80s at this hour. Lets take a look across the state. Up to the north 58 right now in kingman. 49 flagstaff and 57 degrees this show low. Tonight were going to drop those temperatures down into the 30s in the flagstaff area. Flagstaff itself down to about 35. Outlying areas areas could freeze tonight including out near belmont forecast low out there about 30 and south rim of Freezing Point of 32. Tonight in Prescott Payson lows in the 40s. Sedona 50, globe at 61 degrees. For tomorrow globe hit 88 well also see temperatures right around the upper 70s to low 80s in payson and sedona. 80 degrees on the dot winslow 85 kingman and temperatures in the 90s out to the west. No triple digit spots in the forecast across our state tomorrow. And most of the state staying dry as future cast shows here. Just a slight chance of maybe seeing a stray shower or thunderstorm develop southeastern arizonannd thats going to be about it. Heres the hour by hour for us. Sunshine, 72 at 6 00 a. M. , 76 at 8 00 and 85 degrees at 10 00 in the morning after that its 90s through the afternoon but highs are going to be several degrees below that average of 100 for this time of year. Air quality looks good. No worries there but the pollen count stay moderate for ragweed and sagebrush allergy sufferers out there these are the culprits why we are feeling it Outdoor Activities look great though if youre not an allergy sufferer biking running make sure youre hydrating cool start in the 60s and low 70s were very dry and 90s will get you in the afternoon. 95 in glendale 92 in anthem. Heres the next 7 days. 97 on friday. By saturday were up to 99 degrees. Lows stay nice and cool upper 60s to low 70s for the next several days. By sunday were back in the triple digits by the start of next week some to bring some rain back. Slight chance for now a lot of uncertainty in the forecast well keep you posted day by day as the updates come in. Its universe of remote from everything from your Bank Accounts to your air conditioner. Packers know tattoo. How to protect yourselves as thieves get mores advanced. Fresh off the big so, can i see you again. Im free on black forest ham day. To help you remember lifes important days. We got married in june. On tuna day. Every day a different 3. 50 sixinch sub every day of the week. Every sub contains no artificial flavors. At just 3. 50, its a great sub at a great price. Her name is teri. She was born on sweet onion chicken teriyaki day. The 3. 50 sub of the day be. From banking to photo albums Home Security systems smartphones are becoming the ultimate Remote Control and also making them targets for hackers who want the same vulnerable you are the cell phones cant connect to the near is high fee network. You want to keep out the casual hacker person who finds an account number gets your password. Experts suggest turning off your wifi and bluetooth signals as soon as youre done using them dont do any shopping or banking while checked to a public wifi america. A victims talking from milwaukee about how thieves managed to get ahold of her credit card information thanks to those skimmers on gas pumps retreating to a show spree they had champagne taste too charging 3,000 at saks fifth avenue 400 bucks over at sephora. It was not a fun experience to go through and you know now im out of the debit card for 7 to 10 days. Being targeted use the pump close effort to the cashier. Check the pump before using it avoid using your pin and keep an eye on your can. Workers are wanted at a job their the valley. Embassy sweets 24th street camelback from 9 00 to 12 30. The event itself is free but parking will cost you 10. They call it the no fun three cardinal players get im Hillary Clinton and i approve this message. Donald trump i could stand in the middle of 5th avenue and shoot somebody and i wouldnt lose any voters, okay . And you can tell them to go f themselves you know, you could see there was blood coming out of her eyes, blood coming out of her wherever. You gotta see this guy. Ahh, i dont know what i said, ahh. After wins over n au texas tech the arizona sun devils head to lonestar state. Usa come into fridays game 11 record having beaten Alabama State in their opener losing to Colorado State last weekend 23 14. Today asu coach todd graham talked about how good this San Antonio Team really is. They are definitely a difference one program an talent being in the state of texas theres the population of dallas and san antonio especially houston. Theres a lot of players to go around. Week one of the nfl weve already seen a couple of 15yard penalties for excessive celebration. No wonder they call it the no fun league. Cardinals players Chandler Jones d. J. Swearinger were flagged for what the officials called a core yo graffed celebration. Antonio brown got flood for sexually suggestive celebration. Robles deserved to be fined because it was allowed but for dancing for a few seconds after a big play come on nfl let the boys have some fun. Thats foo he on sports. If the unlimited soup salad bread sticks were not enough to fill olive garden is back with never ending pasta promotion. This is your warning they sold out in year. Aside the best part about the 100dollar pass proceeds will be donated to charity. Brewing company been popular in the valley. They got bought out they will be under you can still get their beers. Finally tonight consider foss kerr care. Abc 15 teaming you have for recycle bicycle campaign. Drop off your old bikes at any earnhardt location fox23. Com bikes. You can start riding your bike without melting very soon. Theres a look at your forecast. Drive time in the morning in the 70s. Dicky from hollywood its Jimmy Kimmel Live tonight tom hanks. And music from kaleo. And now, as a matter of fact, heres jimmy kimmel [ cheers and applause ] . Jimmy im jimmy, im the host of the show. Thank you for watching. Thanks for coming. Im happy that you are happy. I really am. I will say, you picked a great night to join us. Tom hanks is here tonight