Joshua hart and Brittany Smith appeared behind glass in Orange District Court the room packed District Court the room , packed with family of the victims and the accused. Prosecuters say the elderly couple were watching tv when smth and hart savadly attacked them for the car torturing them , for nearly two hours, killing mr. Hardy, stabbing and trying , to suffocate his wife with a pillow. Fisher, who is wheelchair bound, tried to call for help but police say the phones were disabled. So she waited for twelve hours before help arrived. Why did they target this home . According to prosecuters hart and smith wanted to steal an older model car without a tracking system to avoid hart going back to jail. They saw People Living in the home. Their intention was to rob this people and take money and take that car. And they armed themselves before they entered. Caught the couple, taking them in without incident. Live in orange, nicole estaphan, Wcvb Newscenter 5. Heather the two Police Officers injured in yesterdays shooting in east boston were back in surgery today. And investigators were back at the scene trying to figure out a motive. Newscenter 5s David Bienick is live in east boston with the questions theyre trying to answer tonight. David . David heather, good evening. You can see the hou a vigil for those wounded officers is scheduled to get underway in about 90 minutes. Meanwhile, late today, investigators removed at least eight evidence bags from the home, including one that appeared to contain a large, hardsided rifle case. Police say on wednesday night a fight between roommates broke out over the thermostat setting. Officers were called, went inside and say one of the , roommates, kirk figueroa, was wearing body armor and carrying shot and severely wounded. Figuero was shot and killed. The District Attorney says figueroa did not have a firearms license. Investigators will use serial numbers to try to retrace how he got his hands on the shotgun. But the da says figueroas motive is still a mystery and may prove the hardest question may be a question that will nevebe , bienick, Wcvb Newscenter 5. Heather also breaking right now a connecticut judge has just dismissed a lawsuit by newtown families against the maker of the rifle used in the Sandy Hook Elementary School shooting. Adam lanza used an ar15style rifle to kill 20 children and six adults at the school. The judge saying a federal law shields gun manufacturers from most lawsuits over criminal use of their products. The families lawyers said their lawsuit was allowed under an exception to the act, but the judge disagreed. The city of boston as we look west toward that son that is getting awfully low for this hour in the sky. Not too bad. Around 60. Awfully chilly. Harvey is here with the details. Harvey its one of those classic fall nights. The pressure has settled over us, like winds, the air is dry, and as you mention, so clear. Its in the 50s now, but there is lot. One difference tonight compared to last night that freeze warning is about where it was, but we now have a frost advisory all the way to the coastline. Even at the coast, you will have to protect those plans. We will let you know how the weekend will pan out in a little while. Heather commitment the 16 now fresh poll numbers out today giving Hillary Clinton a modest lead over donald trump in new hampshire. With a 41 to 38 lead over her rival. Donald trump is heading to Portsmouth New Hampshire , tomorrow for a rally there. Today, trump took his campaign to North Carolina, angrily denying the latest allegations against him as fresh polls that show hes trailing Hillary Clinton nationally. Our j. C. Monahan is here with his rhetoric today, and the big names stumping for clinton. Jc heather, donald trump continues to lash out at the women accusing him of inappropriate behavior and sexual assault. Hillary clinton was off the campaign obama. Donald trump on the ground in North Carolina expanding his , attacks against the clintons, the media, and the women who accused him of unwanted sexual advances. Tsarnaev mr. Trump the stories are total fiction, they are 100 fiction, theyre made up, they never happened, they never would happen. Jc trump hit his accusers on not be my first choice. That i can tell you. Jc but gop House Speaker paul ryan was in wisconsin trying to refocus the race to election day. Ryan targeted Hillary Clinton and her policies. Speaker ryan when Hillary Clinton says we are stronger together, what she means is we are stronger if we are all subject to these rules. Jc while ryan didnt address the latest developments involving his nominee, president obama took them straight on from ohio. President interesting to me to see folks who talk tough, but then dont act tough. Because if youre tough, you dont make excuses. Jc protestors interrupted both the president and former president bill clinton demonstrators calling him a , rapist. Mr. Clinton theyve had a very bad week. So they are doing the best they can. Jc Hillary Clinton was sort of dancing it all off on the Ellen Degeneres show. Country needs right now jc despite the wikileaks release of hacked emails , clinton is up in the polls against trump. Abc news has not been able to independently confirm the claims made by trumps accusers. Heather . Heather the candidates are gearing up for their final debate before the president ial election. Thats wednesday in las vegas. Our own emily riemer will be there with pre and post debate coverage right here on newscenter5. Ben friends and family gathered in a South Carolina church today scott. Hes the man who was shot and killed by police in charlotte, North Carolina last month. Police say he had a gun, his family says he was not armed. Scotts death sparked days of unrest in charlotte. The funeral was initially set for last week, but Hurricane Matthew forced the family to reschedule services. The Police Officer who shot scott remains on paid administrative leave. Heather just a heartbreaking story out of houston tonight. Police say a semitruck crashed into a concrete pillar overnight and ejected a 5yearold boy. That little boy told police he pulled his twoyearold brother out of the truck, but he was not both boys were taken to a local hospital with severe burns and other injuries. They are expected to be ok. Their mom was traveling ahead of the big rig, completely unaware of what just happened. New at 4 30 Swampscott Police releasing this surveillance video, hoping for help in solving a series of suspicious fires. Police say a car was set on fire saturday, october 1 on doherty circle and another this past saturday in the area of burrill street. A reward of up to 5,000 is ben a warning to those enrolled in the Massachusetts Health connector. Board members are expecting confusion during next months open enrollment. They say its due to premium hikes and changes in eligibility. Theyre warning over 230,000 members to check their status and to shop around for better premium options. The board also says the connector placed thousands of people on masshealth in 2013 without properly checking their status. The Worcester Regional Airport dollars from the government to aid in taxiway construction. The money will also be used to grow the facility and increase its capacity. The funds follow two other multi Million Dollar grants from the faa. The latest grant was awarded by the u. S. Department of transportation. Sega zone in florida. Heather state Health Officials identifying a new area where mosquitoes are spreading the virus. The travel warning expanded for pregnant women. That is ahead in your health. Ben giving back and getting something in return. Harvey . Harvey most definitely a chilly night is ahead, but not indicative of how the entire weekend will play out. I will let you know when things will warm up. Heather following breaking news beginning tomorrow at noon, all Samsung Galaxy note 7 phones are banned from flights in the u. S. Samsung has stopped kelly ayotte lets be honest clinton are far from perfect. And im not perfect either. But when partisan politicians shut down the government, and ive crossed the aisle to protect new hampshires clean air and clean water. Ive been called a Problem Solver by independent groups, and ranked as one of the most bipartisan senators. Im kelly ayotte and i approve this message, because whether im working with republicans, democrats, or independents, im standing up for new hampshire. Fios is not cable. Were wired differently. So we wired the wagners house with 100 meg internet. Which means in the time it takes mr. Wagner to pour a 20 oz. Cup of coffee, 12 seconds. Thats the power of fiber optics. And right now, get our best offer ever. Super fast 100 meg internet, tv and phone for just 69. 99 per month online, cable cant offer internet speeds this fast at a price this good. You are watching newscenter 5 at 4 30. Ben people making the friday evening escape. The traffic on the front part of the screen is headed supplement 3. There is the pike, also his logo, 93 minutes from 120 32 newton corner. Construction on wellesley. A further out on the pike, 30 three minutes. Looks like an accident on 495 southbound, just north of the pike. You see a backlog there, and also slow, perhaps a rubbernecking backup. Alert traffic. Heather take a look at this. A tornado touched down in the small Coastal Community of oregon this morning leaving , behind torn roofs and damaged homes and businesses. The mayor declaring a state of emergency. Thousands are without power, as utility crews prepare for an even more storms. Ben relatively rare there . Speaking, that is. They do have large storms and they will be hit by another in the next week for hours. Heather so its not over . Harvey its not over. Thats were the real action is. We have peace and tranquility here. Ben but cold. Harvey but cold. Heather the dip it is going to take. Harvey it is going to do that. Taking a look at the color, route 2, the mohawk trail, you would see plenty of color. There is plenty of color to be found without traveling too far. Lots of color oh, lets say from wooster hills north and west and increasing even in the local boston area. Actually, its a beautiful, beautiful day. Around 60 now. Almost 60 in boston. But the winds are out of the northwest, and they are getting light, and they will get lighter and lighter. You have probably heard me say many times with the clear blue skies, the dry air, the light pugin, the cold air will settle down to the ground and that is the situation we will have tonight. Th outside the city. That is because those areas, some of them, have not had temperatures like that yet. Even along the coast, there is likely to be frost in many locations, including the cape overnight tonight. We have the frost advisories and a freeze warning just back from the coast. These are the actual numbers to about the city of boston. They may not quite get to frosty levels. Some spots will actually get down below freezing. Here is the cold air that is over us. Notice there is milder air. It is 70 in st. Louis. And that milder air will be returning. Then it will be right 50. Then we will start to get into a light southwest wind tomorrow night. So there is your good news there. Notice as we talk about the weekend, we are talking about a beautiful saturday. Notice the jump up by 10 degrees on sunday. Some spots will touch 70 degrees news because the patriots and tom bradys return to foxborough beautiful. They went light out of the southwest, five to 15 miles per hour, looks like a great day. We may get showers sunday night or sunday morning. Does not look like much. It could be well up in the 70s. So we are not done with the warmups not yet quite yet. Ben a new zika zone. Its not far from where the virus was originally detected. Officials say 5 people have been infected there. This is the third miami neighborhood to be identified as a zika transmission zone. It was also found at miami beach. The centers for Disease Control is already warning pregnant women not to travel there, and to postpone nonessential travel heather a new study out today finding more evidence that obesity is linked to liver cancer. The results published in the Journal Cancer Research say having a large waistline, a high body mass index and type 2 diabetes, may raise your risk for liver cancer. The American Cancer Society also finding that people with type 2 diabetes were twice as likely to be diagnosed with liver cancer. The findings held, even after accounting for other risk factors, like drinking, smoking and race. ,ben thats the message from a new study you dont have to tell me twice finding that American Workers collectively leave 272 billion dollars worth of Vacation Time on the table. Thats about 658 million Vacation Days that went unused in the private sector last year. The study from project, time off warns that not taking time is a drag on worker productivity and takes a toll on the bottom line dont leave it on the table. First responders in Central Illinois going above and beyond the call of duty to celebrate a special young man. Mom says braden garnetts world is often a lonely one. Diagnosed with aspbergers, dyslexia, and a condition that causes misalignment of his eyes , other kids, she says are , constantly bullying the fifth grader. Years, they have been skipping out on his birthday parties. But this year officers and firefighte s they brought their kids pooled they brought the kids, and they pooled their money for presents helping braden forget , his daily challenges for one day, as they forgot their own. Was this about a Birthday Party or something more for you . We are people. Just like him. Real struggles, you know. Real families. Mom says it was the best birthday bradens ever had. Ben great story. Heather yes, it is. Ben those cigars were contraband for decades. How much you will now be able to bring back to the states illegally. First, lets see whats new at 5 00 with jc jc . Jc jc hello. He is accused of killing five teens in a wrongway crash. A special courtroom set up today for the vermont mans arraignment. Struggles the driver was dealing with before the crash. Defending his decision a judge explains why he ripped off his robe and tackled a man in his courtroom. That divers cage is supposed to protect him from the sharks, but this time it didnt. It was all caught on camera. How he got away. Heather your economy on this up on restrictions on some of cubas most famous exports. Starting monday, travelers to cuba can bring home normal import amounts of cuban rum and cigars for personal use. The previous limit restricted travelers to a combined value of 100 dollars. And for the first time, american travelers will be allowed to bring home cuban cigars and about. But you still wont be to order online and have them shipped internationally. Ben no, you wont. Tech giant says it will slash up to more jobs worldwide over the 4000 next 3 years. Thats on top of the thousands it had already said it would cut. Hp is facing declining demands for its computers and printers. Execs say trimming some of its 50,000 workers will help remedy that and reduce costs for consumers. Here is a tip to save money of electronic store. Heather youve got to see this. Do not knock over televisions. Imagine if your child were trapped in a Failing School. Imagine if your child couldnt read or write at grade level. Imagine if your child were stuck on a waiting list. 32,000 kids want to go to a public charter school. But they cant. Question 2 wont affect you. But for kids stuck in Failing School districts, question 2 will let parents choose Something Better and give all our kids hope. Ben a rough day for this clumsy customer in cornwall, england. Watch this. Watch as he kneels down to check out a flatscreen tv heather oh ben heather, my issue with his video why would they placed the tvs like that in front of the front door . Tv shows . Heather maybe. Ben it was six grand worth of televisions. No word on whether he had to pay for the damages. Ellen for some reason, people are not talking about this moment. We have to show it. Ms. Clinton this is not an ordinary election. . Some of the most important decisions we have to make here Hillary Clinton, off the campaign trail. Having a bit of fun after discussing the real issues. She had the moves though. Ben she did. I missed that part sunday night. See you at 6 00 . Newscenter 5 starts right now. Now on newscenter 5 jc this couple charged with it makes me sick. Ben trapped in a sinking suv. Strangers who raced to the rescue. Harvey at which point in the weekend we will experience a warmup. Jc got that drugging a woman, the victims emotional statement as he pleads guilty. Ben how a fearless swimmer escaped this jam. From boston from news leader, 5 00. Jc breaking news at 5 00 the Transportation Department now banning all Samsung Galaxy note 7 phones from airplanes. The order goes into Effect Tomorrow at noon. What that means is a passenger will not be allowed to have one on your person, in carryon luggage or in checked bags on flights to, from, or within the states. Samsung recently discontinued production of the smartphones after several original phones and their replacem c they really want you to turn these phones in and stop using them. Jc we also have breaking news out of arlington where a woman was rescued from a pond after backing her suv into the water. Ben the dramatic scene caught on camera. Newscenter 5s john atwater is live in arlington. John . John divers are trying to pull the car from the water right now. Her car was out on the circle