but he never expected - the reaction he'd get:45:51 "as i was turning around, i see a guy come running out of the gas station, and he hit me with a bat."powell says that employee was joined by two others - striking him over and over - with a metal bat. :47:32 "it was just surreal basically."eventually escaping - powell went to the hospital - where his mother called police. officers arrested two men for substantial battery. things that could have been avoided, but no one had a cool head that day, and unfortunately this is the result."a lawyer representing the store's owner declined to comment on the incident.:51:53 "even though i know what i did wasn't right, neither what they did was right either. so two wrongs, don't make a right." powell says he doesn't have medical insurance - and is worried he might lose his job after missing over a week of work... the district attorney's office is reviewing video of the incident - and deciding whether charges will live in milwaukee - ekcbs58news. 3 grab your blankets -- a frost advisory tonight..it's the first of the season..chief meteorologist drew burgoyne is getting you ready for the morning. 3 3 new tonight -- milwaukee surveillance video will help them track down three men who broke into a grocery store. they walked into the sentry foods on lisbon just south of burleigh shortly after midnight on monday.the video shows they were all wearing dark sweatshirts and trying to hide their faces.one of the men went into the office and was able to get into the store's safe.anyone with information should call 414-935-7360. a 22-year-old milwaukee woman is facing charges for leaving the scene of a hit and run that killed her friend. nd says shiane holmes ?did not? have a drivers license when she went through a stop sign at 51st and auer on sunday. sunday.the car slammed into another and 23-year-old savanna scott was thrown from the vehicle then killed when a light pole fell on top of her. the complaint states holmes told police she didn't call 9-1-1 because she couldn't find her phone.she was arrested the next day when she went to the hosptial for eleciton and the latest marquette university law school poll shows republican presidential candidate donald trump is losing support here in wisconsin. wisconsin.his support plummeted after video was released of trump making sexual comments about women. before the video came out... trump had a one point lead among likely voters. voters.but by the weekend.. hillary clinton's numbers jumped... she took the lead. while the libertarian and green party candidates are still under 10-percent. 3 meanwhile, both presidential candidates facing controversy today..the y two women claim trump groped them decades ago. the trump campaign called the article fiction. and wikileaks released another 19-hundred emails it claims came from the account of clinton campaign chairman john podesta. the clinton camp says russia instigated the hack to benefit trump. despite donald trump's slip in the poll, one republican is closing the gap.u-s senator ron johnson pulled within the margin of error to democrat russ feingold. cbs 58's are saying. 3 senator johnson has consistantly trailed in the polls...last month-the marquette poll showed feingold with a 5 point lead over sen. johnsonbut now johnson has pulled within just 2. republicans and democrats in waukesha county say the neck-in-neck race between senator ron johnson and russ feingold is what they expected. expected. not terribly surprising. the senate race here is more of a conventional race as opposed to the presidential one one very polls are actually reflecting what we're hearing and seeing wednesday's marquette law school poll puts feingold at 46 percent of likely voters and johnson trailing slightly at 44 percent percent one part is johnson now getting the full support of his party. 89 percent of republicans voting for johnson, that's the equivalent of feingold's 90 percent of democrats in resposne to the poll, a spokesman for johnson's campaign said "... this is going to be a tight race with a real choice for things done and a 34-year career politician saying one thing and doing another"nat- jon johnsonsen. johnson went ot washington to do something not just be something.meanwhile feingold's campaign-- not discrouaged by the tightening race-- told cbs 58 quote"russ is heading into the home stretch of this close race as the only candidate who fights for wisconsin's middle class and working families."nat- feind feingold he's a reasonable person. he doesn't have any axe to gridn wa friday's debate betweent he two canddiates-- critical for both campaigns. 3 the final marquette poll comes out in 3 weeks--just six days before election day. 3 the u-s senate debate between wisconsin senator ron johnson and challenger russ feingold is this friday night at 7. it will be broadcast live on our sister station, 'w-m-l-w the m' and telemundo wisconsin. more than 6-thousand people have already cast their this year, the city opened two addtional early voting sites -- one each on the north and south sides, in addtion to the zeidler building downtown. mayor tom barrett says so far this week more than 2-thousand voters turned out... and he says that's an encouraging number. 1:05:09-20with these two additional sites, in two days, we have now surpassed what we saw the first week of in- person voting at zeilder. in addtion, we surpassed the second week of in person voting voting for more early voting sites -- and what you need to vote -- head to our website, cbs 58 dot com 3 stay with cbs 58 all month leading up to election day.. we'll have live team coverage of both the national and local races election night so cast your ballot then watch it count ..with us..on november eighth. it's your chance to tell milwaukee city leaders what should be done ot make the city a safer place. place.public safety committee chair bob donovan is asking people to take an online survey with questions about neighborhoods, crime and the together a public safety report and holding a series of public hearings this month.if you'd like to take the online survey, we have a link to our website, cbs 58 dot com. two years after it was signed into law-- one lawmaker is on a mission to improve the state's officer-involved death legislation.cbs 58's marshanna hester found out what senator lena taylor wants to change, marshanna? bill, she says one big change could be... who makes the decision about charges?right now-- the attorney's office does that-- but taylor says maybe that ?should? be left up to the attorney general's office or a special prosecutor. other challenges include accountability, transparency and staffing...she called it a crime that it took two hours for a state team to respond to the sylville smith shooting in august.it's one reason the milwaukee county investigative team was just started. detectives from local jurisdictions will work together and be able to respond faster to local keeping investigators from the same department from working a case.but taylor says that's not law enforcement's responsibility. 3 3 "i think we should fund the attorney general's office adequaetly so the attorney general can have the amount of staff and a team that is necessary in order to do that." that."the state's "special investigations bureau" has one director and three agents.but we're told the appropriate number of agents proper investigation will respond to scenes.the a-g's office is open to more discussion on the issue this upcoming session. taylor also wants to re-think how the community can be better engaged in the process. but she says any changes to the law must be a bi-partisan effort.bill back to you. 3 the death of a 58-year-old woman who was found in a laundry chute is ruled accidential. kaye powell's body was found in her home last week on the city's north report says the family had not heard from her in several days... and when her sister went to check on her.. powell was inside the chute.the sister believes she had been abusing her pain medications. the children of a fisherman found dead in lake monona say their dad died doing what he loved -- spending time in nature. 68-year-old larnal friend was fishing on the lake last thursday... when he never returned.his body washed ashore yesterday.his family says friend was a caring person who touched so many lives. ?20:13:51-14:06my dad was a wonderful, loving, big hearted person, that would do anything for anyone. however, he would shoot straight from the hip and tell you exactly what he thought, how he thought, and would stand on that that friend's family said larnal owned several businesses in milwaukee.they also thanked everyone for their thoughts and prayers. a 25-year-old mount pleasant a local convenience store. store.according to the crminal complaint, david pierce is charged with stealing the cans from the walmart in racine... then re-selling it for 7- dollars each.the complaint also says a walmart employee estimates nearly 6-thousand dollars worth of baby formula has been stolen recently. the packers getting ready to host the dallas cowboys sunday afternoon.and even though eddie lacy suffered an injury last week, other players on offense are ready to step up. cbs 58's earl arms has the latest from lambeau. 3 the last time the packers were here at lambeau field, eddie lacy suffering an injured ankle which put him out of the game in the second half. the packers still able to beat the new york giants and they'll try to do the same sunday against dallas. only thing is lacy may not be 100% so they could lean more on aaron rodgers and jordy nelson, a combination that has five touchdowns in just four games. games.the reality is we've done good things and we've done bad things. we just need we've done it we just want to do it every possession and be consistent with it. it.i just want to win. this is what it's all about--stacking up wins and we've got two more games at home before we go on the road and face some tough challenges. we gotta take care of business at home and keep this thing rolling. rolling.also good news for the packers as they'll wear their 1930s throwbacks on sunday. the packers 5-0 all time in those jerseys that they'll wear accessories for breast cancer awareness month. in gb ea cbs 58 news 3 it's an iconic part of milwaukee... and now a task force will make a decision on what do to with the mitchell park domes.... 3 and supporting each other.a father and son both facing health crisis... together. a group is tasked with a big decision... what to do with the mitchell park domes. domes.keep them... repair following this story all day.. and joins us with an update, amanda? the mitchell park domes are seen as iconic to milwaukee. the committee chairman told the task force tonight they have a significant responsibility. and by the end of the meeting it was clear theres a lot of work to do 3 despite its problems - the mitchell park domes is one of the biggest attractions in milwaukee. temporary net has stopped concrete from falling inside. but - in 5 years the domes may not be usable. usable.(jason haas)11 county leaders and residents on this task force will hold meetings like this to figure out what to do. the county already spent tens of thousands on graef. tonight - they talked about the tens of millions of dollars in structural damage and laid out ((dawn mccarthy, board for mke preservation alliance)) alliance)) ((john dargle mke co parks director))they'll not only weigh costs but public input. theres already a survey online. but they hope to have more listening sessions and host town halls. the task force will then make a recommend whether to repair the domes or tear down and rebuild ((jason haas - one year)) year))((jason haas - one down and rebuild the domes or tear down and rebuild ((jason haas - one year)) at the next meeting they plan to talk about a total cost of for it and hear more feedback from the community. the man who stood by as his friend shot a 16-year-old dead on the bugline trail will spent at least 18 months in prison. niikwame bell pleaded no contest to drug charges in connection to the shooting. bell and his friend, london white, met 16-year-old george erickson in may along the trail in sussex for a drug deal.erickson was shot multiple times and died after spending weeks in the i-c-u. white, who is accused of shooting the teen, will be m-p-s is no longer the lowest performing school system in the state... and that means it's no longer eligble for the opportunity schools partnership program. program.critics called that program a take over attempt. and while today's report takes away that controversy, superintendent darienne driver says there's still much work ahead. 1:06-1:11"we really can't stop. until we're at the top of the list and at the top of the state report card"56-1:02 our students and members are succeeding in often impossible situations with obstables them." county executive chris abele who at one point appointed a special commissioner to oversee low performing schools..says he will still work with official to figure out if the county's role in all of this will change. the district's report card will be public in november. the milwaukee woman whose car was vandalized-- then ticketed by the city -- will ?not? have to pay the fine.it's a story we first told you about last night at 10. 10.brianna kilgore's car windows were because of the damage-- she couldn't safely move her car to the other side of the street.so, the city gave her a ticket for violating parking rules.but due to the unique circumstances-- we learned today that kilgore's ticket will be dismissed. 3 wells fargo's embattled c-e-o- is retiring. retiring.the banking giant announced john stump's retirement is effective immediately.the move comes amid a growing scandal and uproar at wells fargo.company employees created millions of fake bank and credit card accounts over the years in so unrealistic, employees were forced to cheat to reach them. october is national hispanic heritage month -- and milwaukee is celebrating. today the hispanic chamber of commerce recognized "glorias cake shop and cafe" and "antigua latin restaurant and catering" for their success and impact on the community. those restaurants, their owners and workers were recognized for contributioning to milwaukee's quality of life. according to a recent study... hispanic-owned businesses have increased by since 2012. 3 amazon announces plans to open brick-and-mortar convenience stores that offer fresh food. customers who are prime members will have the option to buy goods for later delivery.the company also plans to open sites for curbside pickup.this comes as traditional retailers - like wal-mart - are expanding their online grocery services. a dealfield family that already went through one medical scare... is going through a second.. 1:14-1:23"we knew that nick's was random and once we found actually one of our first questions was was it genetics or was it just another random incident." 3 incident." sarah stacey's husband, nicholas, is a town of delafield firefigher.he was diagnosed with brain tumor in 2014 and has since recovered. but their son, brayden, was diagnosed with a brain tumor this summer.he has a permanent catheter in his head and will have to undergo more treatment. 1:36-1:54 i'm his hero but i it breaks my heart. i've had nights where i laid there right next to him and prayed that god would give it to me so he doesn't have to go through it. but he does have to. it's horrible, so..." so..." there is a fund set up for the family to help may for medical expenses, and there's a bowling fundraiser on october 29 at sunset bowl.we'll put more details on our website served the city since 1875.and today there was a special ceremony to remember those firefighters who lost their lives protecting the citizens of milwaukee. milwaukee.28:02-06(nats of bag pipes)16:10-20 their desire to serve was one of the reasons they were firefighters... and it was also the reason they responded to the call where they ultimately lost their life life the ceremony is held during national prevention week, fire prevention and safety. fire prevention week continues tomorrow with the meritorious service awards at the safety academy. 3 more changes coming to lambeau field... find out what the packers are doing to update your tailgating experience... eddie lacy and randall cobb packers practice. but on defense, outside of sam shields, it's a relatively healthy group and a productive one. c-b-s 58's earl arms with a confident defensive line. the packers giving up 42 yards a game rushing... that's the best in the nfl by a long shot! and despite the league's leading rusher coming to green bay sunday, the packers have one of their big run stoppers returning to their lineup. big mike pennel returning from his four game suspension. he expects to be activated for the cowboys. cowboys.i've been practicing and they've been preparing me that i will be active so i plan to play. i love playing against the run, i've added some things to my pass rush so i hope to display that in sunda. sunday.it's great to have mike pennel back. another big, experienced guy to go to battle with us. glad to have him back and we'll see what he do.just from watching film from last year going through the whole process, mike's a good player. he plugs up holes, he can rush a little bit too so we're excited to get mike back.the packers will also get demetri goodson back. the defensive back also suspended but he says he plans on being active, along with pennel on sunday. in gb ea cbs 58 sports. thanks, earl. it's the third straight year the cowboys have visited the frozen tundra... tundra...and the previous two matchups have been ?all? packers thanks to this man, aaron rodgers...five touchdown passes without a pick in his last two 'boys...rodgers hasn't been himself in 20-16, but the cowboys still respect number 12. 3 3 claiborne: aaron rodgers is one of the best that's doing it. some of the things he does on the field, you just can't, it's unbelievable, just calling out checks and other things, you wouldn't even think he saw it. it will have to be a discplined game for us. bucks pacers preseason in evansville, indiana... giannis where it is, he's scoring points and lots of em. 20 tonight to lead the bucks. rodney stuckey from the pacers did him one better with 21. it's the bucks first loss of the preseason. they host the bulls friday. a setback for brewers prospect corey ray, the fifth overall pick in the june draft. ray had surgery for a torn meniscus, an injury he suffered while sliding during an instructional league game. he'll have the whole offseason to rest. ray hit five home runs and stole ten bases for the brewers minor league team in brevard county 3 3 3 football fans... taligating at lambeau field is about to change.the packers are partnering with johnsonville sausages to open a 13-thousand square foot building in lambeau's east-side village will have indoor restrooms, radiant floors, air conditioning and heating. packers president mark murphy says its a perfect addition to the lambeau experience. 35-46we're going to see more and more people coming here, without tickets, just to be a part of the overall experience and you can also see people coming saturdays before games, maybe come and watch packers the tailgate village will be free and open to all fans on gamedays.it's expected to open next season. 3 3 captioning sponsored by cbs >> stephen: hey, jessica, thank you so much for being here. >> of course, my pleasure. >> stephen: i want to tell you, i'm a huge fan of your "honest" company. i use your products all the time. >> thank you, that's so great. >> stephen: you know what's so great? your shampoo. i use it every day. >> really? is it working out for you? >>ph >> whoa... ( laughter ) that's amazing. >> stephen: yeah. i also take your prenatal vitamins every day. >> why would you need those? ( laughter ) ah... is it a boy or a girl? >> stephen: it's a burrito. ( laughter ) >> oh! i felt the kick! >> announcer: it's "the late

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