For more than two weeks. He was found in an alley in middletown according to a veterinarian, he was hyperthermic, malnourished and had parvo. The Butler County dog wardens office, says april kirmse was cited this week for cruelty to companion animals in failure to license. Both charges or misdemeanorsjenni dehart fosters dogsthe fact that we know who it was and the fact that there are charges brought against her are awesome my only problem is that there misdemeanor you know personally i think in the state of ohio animal abuse and cruelty or neglect should be felony charges. Kirmse court date is march 3 at 1 30 at middletown court. Dehart hopes kirmse never gets the chance to hurt another animal. It would be awesome if she could never have pets again that would be great if that would happen but hes safe hes happy now and i just hope that this person is punished for what happened to him. Leroy still needs to gain a few pounds and be neutered and then within a month or so hell be ready for adoptiontony mirones nine on your side middletown in Northern Kentucky news youth pastor accused of sexually assaulting a 12 yearold is heading to the grand jury jury Police ArrestedJoseph Niemeyer last week. At that time he confessed to inappropriately touching a girl at his home. But the victim says he did much more than that. Niemeyer worked at new Banklick Baptist church. Commonwealth attorney rob sanders will present evidence to the grand jury in the coming weeks. A great oaks teacher is resigning tonight after being accused of slapping a student in the face. Face. The school tells 9 on your side the teacher resigned for personal reasons. After our first report about the allegations against the teacher other students in the cosmetology class came to the support of the instructor. Saying the teacher was only trying to step in and stop a fight. No charges were ever fired. An ohio man takes his own life on the steps of the state house in columbus. Columbus. The 23yearold worked with the group, black lives matter, and was from the columbus area. Its not clear why he took his life but he did post on facebook that his sorry. Nobody witnessed the shooting. A new report is surfacing tonight about Cleveland Browns quarterback johnny manziel. Manziel. Nfl dot com reports the team knew he was drunk when he showed up for practice one day late in the season. According to his sources the team covered it up. And said that manziel was sitting out of practice because of concussion protocol. This is just another blow for the young athlete. The team is not commenting on this report tonight. She came here to cincinnati to save her daughters life. But even as her daughter is getting Cancer Treatment she found herself homeless. And called 9 on your side for help. Tonight were happy to tell you one of the tristates many generous people has stepped up to help this woman. In a big way. 9 on your sides julie oneill brings us the story. Well im here outside a studio apartment but it might as well be a mansion for this woman because it can fit her frightened little girl and the is sabrina. Sometimes we call her sabby. Shes super goofy and she loves to play with her toys protective. This ones angy and we got him when he was a puppy too. You see the love Daphne Nieves feels for her dogs. As we told you friday when she was at childrens mother had to bring them along from cleveland for a better chance at saving her daughters life. No matter what even if i had to walk here i wouldve brought my child here. But the apartment she had set up suddenly wouldnt allow the only friends daphne has right now, stranding them in a hotel they couldnt afford for long. Im kinda sad that i dont get to see my friends and school and stuff but at the same time i kinda gotta do what i gotta do really. Shes gotta have a bone Marrow Transplant in a couple weekson her tenth birthday stay and have it. Jennie nieves daphnes mother just when we hit rock bottom god finally sent us a guardian his apartment to us. Not just a free apartment but matt, who didnt want to go on camera, is also paying their utilities. And he even offered to help us find somebody to walk the dogs when i cant when im at the hospital. They can all get moved in this weekand focus on preparing for the surgery. Im kind of afraid that if they do it it might not work but im not trying to think about that too much because im trying to stay as positive as i can. I cant thank him enough. What a wonderful man. oneill look live tag this apartment is a big start but ms. Nieves does have one other ask as this scary surgery approaches on february 23rd, shes asking for your prayers. In Pleasant Ridge julie cancer isnt only an issue for that family. But families everywhere. Everywhere. Coming up next at 530 how much money president obama is budgeting to find a cure. And who is against his plan plus a newborn dies hours after coming home from the hospital. What the babys mother says happened. Next im john matarese. A tri state man buys a kitchen Smoke Detector. Only to learn its not supposed to be used in a kitchen. I am on your side getting to the bottom of Smoke Detector confusion. So you can keep your family safe. Youre watching 9 on your side a newborn baby dies after a dog in youngstown bites it in the head. The baby was lying in a small Laundry Basket that was being used as a makeshift crib. The Mother Told Police when she woke up the babys head was covered in blood. He was only three days old. Tonight a local Animal Shelter is taking care of the dog. President obama is sending his final budget to congress. Congress. In it, the president is proposing to spend four point one trillion dollars on things Like Fighting cancer, combating global warming, and defeating isis. His spending plan is being slammed by republicans. Who control congress. It is supposed to go into effect in october. Its fat tuesday tuesday and theres new video tonight of the mardi gras celebrations in new orleans. Thousands of people lined the streets to celebrate lent tomorrow. And on the 9 on your side Facebook Page were asking what youre giving up for lent let us know your nine first warning forecast is coming up. Smoke detector contradiction s. sot on the front it says for the kitchen and on the back it says do not put near a stove or kitchen. John matarese is on your side with important safety information. So you which Smoke Detector is right for your home. Take a look at this. New dashcam video into our newsroom. A man trapped on the tracks. And the intense moments of his rescue. sot i said, tim, this is going to hurt. A lot. Weve youre watching 9 on your side at 5 30. Smoke detector contradiction are they safe to use in your kitchen, or not . Not . Consumer repoter john matarse gets to the bottom of it. But first, a big honda recall. John . Hondas redesigned new civic is good looking and Getting Company is ordering dealers to stop selling it. Until it can fix an engine issue. Issue. Honda is recalling 45 thousand civics, and issueing a stop sell order on those on dealer lots, because a clip in the engine can break, causing engine failure. These are new 2016 civics only. Check with your dealer. And graco tonight is recalling several thousand infant and toddler car seats. These are graco comfort sport child seats, sold in 2014 and 2015. The seats have the wrong label on them, which could lead to parents installing them the wrong way. Check with graco if you have one. Jan arnett hates the old Smoke Detector in his kitchen of his ft thomas home. He says it goes off whenever he singes stove. Even when the tea kettle whistles too long. So he was excited to find a new model kidde detector labeled specifically for kitchens. Kitchens. One is listed for kitchen on the front of it, and its also listed with a little steam kettle with steam coming out. But when he got it home, he read the back label, which appeared to say dont use it in the kitchen. Huh . Huh . On the back it says do not put near a stove or kitchen which is the opposite of what is on the front. Confused and frustrated, he returned it. It. So can you have a Smoke Detector in the kitchen . Firefighters tell us yes, as long as you get the right type, and you dont put it directly over the stove. Stove. Some of these new age Smoke Detectors actually have dual sensors. So its a photoelectric, and also has another sensor in there to reduce the amount of false positves so you can use it inside a kitchen and if you burn some toast or burn some bacon its not going to be going off all the time. Fire captain steve conn tells me the old ionization type kitchens. New photoelectrics, he says, will work in kitchens they are not triggered by steam or burnt toast. Arnett thinks kidde should change their packaging in that case. Because they label clearly says keep it 10 feet from the stove. Stove. In this house, 10 feet away would put it outside the front door. I contacted kidde about the label a spokeswoman said yes, it is a new model designed for use in kitchens. However, she said it should not be close to the stove. Bottom line Smoke Detectors are a good thing. And new photoelectric models are good in the kitchen are. So dont waste your money. It is a 9 first warning weather alert day. Day. So lets check in with chief meteorologist steve the area is still expecting 13 of snow in general. Light to moderate snow continues to fall as you wake up this morning. Youll notice the greatest impact to the roads will be on our side roads, rural roads and neighborhood streets. A secondary front will bring even colder air into the tri state late tuesday into wednesday with more scattered next at 530. An indiana woman is attacked inside her garage. Garage. Well tell you the one thing that she quickly grabbed head. The surprise patrol makes a visit to hardworking road crews. Hear why a coworker says a father of eight. Is new tonight. Red lobster is thanking beyonce for a boost in its sales. The seafood chain says sales surged 33percent on sunday. You may wonder what does beyonce have to do with red lobster. Well in her new single formation she talks about going to red lobster red lobster was trending on twitter after a man attacks an indiana woman inside her garage garage the woman says she was pulling into the garage of her indianapolis home when the man jumped out and grabbed her sweater. He pressed her up against a tool box. So she grabbed the only thing she could reach. A staple gun she hit him on the side of the head. Causing him to fall to his knees 49 56 again. The attacker ran away the woman is giving police a description of what he looks like. But right now, hes on the run. Tonight new video of a dramatic rescue. To pull a man out of the path of a train. Train. Carol williams has that and the other stories new at six. Carol . That drivers car had hit a train. And just minutes later another one comes barreling through. Through. At six. The video of that rescue in boone county. And why those deputies say theyre not heroes. A puzzling law. This man an officer and k9. But its not considered a violent act the effort happening now to now comes the cold. Your first warning about the arctic caught on camera. A rescue moments before a train comes rushing by. Hitting the victims car. The deputies thoughts as time was running out. He shot at two officers. But isnt accused of trying to kill either one of them. Outrage tonight. And the new drive to change the law. Nine on your sides surprise patrol finds crews working overtime. See the reaction from todays lucky winner that you wont forget. Side. Snow flurries falling. And temperatures dropping. Tri state folks trying to stay warm. And temperatures will get dangerously cold soon. Its a nine first warning weather alert day. We want to make sure youre prepared for whats ahead. So lets go right to steve. The area is still expecting 13 of snow in general. Light to moderate snow continues to fall as you wake up this morning. Youll notice the greatest impact to the roads will be on our side roads, streets. A secondary front