But at the end of the day it is the officers discretion in doing so. Reporter the chief wont pursue charges against houston relating to impersonating a cop. We would like to but we would like to close the investigation. It is a traffic stop. We turned it over to 2 Sheriffs Department an they can handle it internal will i in whatever fashion they would like to do so. Reporter we tried to track houston down today but the cleveland metropolitan district confirms he is a students here. The Cuyahoga CountySheriffs Department say they only issue one badge per sheriff deputy, but Law Enforcement force tell me it is very easy to get extra badges online and at places like Police Equipment stores. Live in newburg heights, newschannel5. Nearly one year after this plane crash killed nine and wiped out an akron Apartment Building. The National Transportation safety board is ready to rule on the cause. The release of new documents which question whether records were destroyed following the tragedy. Bob jones has been following the story from the beginning. You spent the day digging into what those new documents reveal . Reporter yes. We are here where the plane crashed into an Apartment Building last november. The building has since been torn down but the memories remain fresh for those that live in this neighborhood in east akron. According to ntsb documents, textron aviation, company of the plane manufacturer believe the two pilot crew failed to maintain air speed and stalled, causing the crash. Both pilots and seven Business Executives were killed when the airplane which the ntsb said was 600pounds overweight slammed into the Apartment Building. Other documents include an interview with the captain that claimed the Company Provided false weight and balance details and the company then scrambled to change and eliminate records after the crash. Culture and it is up to pilots to make sure weight information is correct. A local pilot he told me he expects pilot error will be the time ruling. It is hard to fathom, it really is, especially with the twopilot crew well trained to it is every pilots Worst Nightmare to have an accident be your fault. And you can read the re newschannel5 app. Bob jones, newschannel5. Thank you, bob. You can also watch the live stream of the ntsb announcement on our newschannel5 app at 9 30 tomorrow morning. Right now Maple Heights police are looking for a gunman that shot and killed someone. It happened at the h2o lounge on libby road saturday night. The 911 caller said they found several people with guns and when Police Showed up a 21 yearold was shot and lying in find out more after two decomposing bodies were found inside this grafton building. It happened in the 800 block of bashard street. Police found the bodies while conducting a welfare check over the weekend and investigators are calling this suspicious. We are learning new information about a deadly crash at a concert for Senior Citizens in parma heights. Police charged the 74yearold woman who drove her car into a crowd. Donna chidsey tu officers say she told them she confused the grass and brake pedals. Two people died at the concert. She is charged with two counts of vehicular homicide. She is scheduled to be in court next month. Blah police say someone flew a flamable substance through a donald trump headquarters window. Over the floor and the fire burned the office walls and helmeted campaign signs. On a nearby building a message was was written comparing republicans to the nazis. Today Hillary Clintons campaign is dealing with new email accusations, newly released fbi records show a Senior State Department official tried unsuccessfully to lower the classification level of an email found on her serverrer. According to nos server. According to notes the state department would let the fbi place more agents in countries where they were not allowed at the tame. Donald trump called the failed Deal Coalition to cover up the fact Hillary Clinton conducted Department Business on her personal server. And newschannel5 anchor rob powers is breaking down more on Donald Trumps accusations the election is rigged against him. Yesterday trump said the campaign will respect the elections outcome but tonight mike pences statements were more in line with his running mate. Trump tweeted today. During his speech in mason this afternoon pence affirmed the stance being refuted by democrats. I have no doubt the National Media is trying to rig this election with coverage in Hillary Clintons favor. It is an insult to county registers to say we dont know how to run a election. All american elections between between 2000 and 2014, there were only 31 known cases of impersonation fraud. Keep this in mind, states generally run their own elections. In 40 of them they are overseen by a election official. In 25 of those state, including ohio, those nationally Hillary Clinton is leading donald trump by 8 points among likely voters. Clinton is said to have 47 of support from likely voters to trumps 39 . The poll of polls analyzed four of the most recent surveys. Todays cnn latest poll looks at key battleground states including here in ohio, the buckeye state. 48 of likely voters support leverages take you outside to the airtracker5 lets take you outside to airtracker5 flying over the innerbelt bridge right now. More lanes of the innerbelt bridge are final lay open. You will like that. It is the finally open. You will like that. It is the first time in five years traffic will be flowing freely outside of downtown but this one going inbound. Odot will work to change the big overhead signs leading to the bridge and next monday all five eastbound lanes will reopen. And weatherwise, look at this. A live picture from ashtabula middle school, primary school, one or the other. We have sunshine out there, blue skies. Everywhere you go we have summerlike warmth. 78 in ashtabula, 82 in philly. Look at toronto, currently 70 degrees. Rain showers and thunderstorms nearby but of course they will probably close that roof and things will be just fine inside the dome. We are dry here. We are on the warm side of this frontal boundary and we will stay mild all evening and all night long. 70s at 6 00 p. M. How about 70s at 8 00 p. M. How about 70s still at 10 00 p. M. Any clouds in the sky should sky. Rain coming in tomorrow and cooler weather as we head to the weekend. More on that coming up. Well, over at the live desk, we are monitoring a story going down in canada. Right now a judge in ontario is hearing arguments about an attempt to ban the indians from using their team name and reef wahoo during baseball games in toronto. In fact a game will be starting in three hours from now. The judge will decide if announcers will be able to call the tribe the the next few games and activists filed a lawsuit to keep the indians from using their name and logo in toronto. If the judge sides with the activist the indians will be referred to as the cleveland team. We are told the ruling could come at any moment. We will let you know what happens. The lawsuit is making the rounds on social media right now, by the way, many people voicing their opinion using the the indians to change their name. Well, the indians are looking to continue their winning october way, but the series has been without other drama. Coming up at 5 30, we have more on what to expect from the pitchers mound. Plus, an olympian warning tonight after losing his daughter to gun violence. How the teen is being remembered. And another rescue operation under way right now after another deadly air fake a look at this. A cnn crew embedded with troops in iraqi was caught in the cross fire. Imposal is the largest city mosul is the largest country under fire right now. The Syrian Government says at least 25 people were killed in sundays attack. Some families were found under rubble there. The Officials Say the latest attack brings the death toll from 49 from strikes in eastern aleppo. The friends of 15yearold trinity gay, the daughter of u. S. Olympic sprinter tyson gay are remember the teens life and tragic death. Right now a candlelight vigil in gays memory is being prepared. She was shot and killed restaurant in kentucky. Taylor middleton says she was right next to gay when she was shot. They were in the parking lot when the first round was fired. That is when we heard more gunshots and i said okay, i see her so let me go and try to get by her so i dont be alone. I tried to walk, like crawl toward her. As i am crawling toward her she is crawling toward me. She is like i am shot, i am charges in direction to gays killing. According to a 21yearolds arrest citation, investigators believe he fired multiple shots in the parking lot at the time of the is incident. Meanwhile gays friends will continue to spread her memory to others. And in the whistle blower sandusky case in court, mcqueary is suing the university saying he was retaliated and fired against the school in 2012 after he went to joe paterno to report sandusky sexual assaulting a be boy in the team shower a boy in the team shower. Sandusky was later accused of abusing ten boys. Rolling stone being sued for defamation of a debunked was sexual assaulted on a fraternity on campus. Since the article hit shelves two years ago the public may hear from the young woman at the center of the story. In the meantime people in california bracing themselves as more rain continues to fall right now. Water is rushing down the Santa Cruz Mountains as storms pound the area increasing the risk of mud slides. The community there is still recover from the massive loma fire that burned more than crews are working to clear roadways as a lot of rocks continue falling onto the already narrow roads. A powerful situation there. Yes. The rainy season arriving a few weeks early there in california. Meanwhile, summer has returned. Yes. The big low pressure in the Pacific Northwest and west, you good et the cool there and the roller coaster ride up here east of the mississippi. So, we are benefiting. We are warm now. How long will it stick one, maybe two days. Lets check out lorain right now. How about this live shot looking off to Lorain Library north at lake erie. Green grass. We have trees turning there. The sugar maples are really going now. They are bill i cant in their oranges and reds. Brilliant in their oranges and reds. Believe it or not the peak of the fall color season is the third weekend of october. That is coming up this weekend. I this the leaves will turn quigley. Get ready for that will turn quickly so get ready for that. In toronto 70 degrees currently. The lid will be closed on the ball yard. It should be comfortable in the 70s inside for friends and family headed that way to watch the tribe. Lets go. Dry weather here on the power of 5. No worries about rainfall this evening. Winds. 31 Miles Per Hour in mansfield, 28 Miles Per Hour in canton, 26 Miles Per Hour wind gusts in cleveland at the top of the hour. That is a helping those winds bring in the warm temperatures. Record highs. We tied the record, 82 degrees in cleveland, right now ties the record of 1953 and 1950 this date. Akron two degrees shy. Sitting at 80. Record warmth, 82, ties the old record of 82 in 53 and 50. The temps will remain mild and we will see lower 70s and upper 60s by the end of the overnight. It will still be mild tomorrow. Cloudfree for the most part around the area. The rain showers and thunderstorms are up here. All the fronts are stacked to the north and west. We have if high over the of course, feeding that warm air in. So we get another day and about a half before the front aarrives. In fact, tomorrow Late Afternoon by this time we may see a few thunderstorms around leading ahead of that cold front coming in. Here is the akroncanton overnight forecast. Temperatures falling slowly but surely into the middle and upper 60s tonight. Look at that. Mainly clear skies all night long. Tomorrow we will cloud up during the afternoon. Could be a isolated thunderstorm by late in the day. I am th 2 same for the Greater Cleveland area. Maybe a little shy of another record tomorrow, but still warm. Lets enjoy our brief revisit of summer. Near 70, 68 to 70 for cleveland eclowe by the time the school clevelands low by the time the school bus arrives tomorrow. We will show you the sevenday forecast in a couple minutes. Stick around. Thank you, mark. Still ahead tonight at 5 00, Hurricane Health as the clear. Local people gather up goods and get ready to offer up aide to Hurricane Matthew victims. And tonight at 6 00, cutting the cable. A local family trying to end the utility for a sick relative but instead of compassion and help, they said they got laughed at and frustration. We are trying to get them some this is old school right here. When teachers believe, students achieve. Yes. We have more on an educator that supports her students in and out of the classroom. Here is more with janessa webb. Reporter in this weeks segment we travel to stowe, ohio, but when whew got there we were when we got there we were braced with a double dose of goodness. Week, mrs. Jen smith. We think this amazing 5year old has a real future in tv and mrs. Smith has been working with him for the last three years to bring out his unique personality. And this was just one reason why this deserving preschool teacher was nominated. Congratulations, you are our newschannel5 teacher of the week. What . [ laughing ] shocked reporter we would like to present you with this certificate prevented by the ohio savings bank. Did you do this . Thank you. Thank you reporter he may learn differently, but mrs. Smith special. Mrs. Smith has been one of the most wonderful teachers. She has been our advocate and made decisions for our sons education based on what was best for him. Not necessarily on what they have always done or other recommendation, but she has always made decisions based on his development and we appreciate her so much. Reporter our teacher of the week at indian Trail Elementary School in stowe, jen smith. From newschannel5, co nominate an outstanding educator for our teacher of the week award, head to newsnet5. Com teacher. We have indepth details about the impact of teachers coming up that marks an important mile somewhere somewhere stone to prove milestone to improve our graduation rate. And a massive massacre of a family in pike county and the evidence helping police narrow welcome to the 5 30 hour of newschannel5 at 5 00. The indians are a perfect 5 stage shifts north of the border. Here is more. The indians try to inch a little closer to their first world series since 1997. Game 3 in toronto tonight. Trevor will be pitching. He cant use a bandaid, super glue or any foreign substance on the cut. That is part of the rule. Yesterday he he built from scratch to show folks how he was injured on friday. According to the skipper, it wont affect will him. It is like a treatment. It is almost like a pitcher with a blister. I dont think this will affect his start one way or another, when he gets them out or doesnt, i dont think this will be a big deal. It is about the pinky. Tonights game starts at 8 08. Terry francona announced a few has a good game tonight, the lefty could start tonight. A little drama, it depends on tonights game. Lee . Thank you, andy. New details into the pike county massacre. The sheriff now believes the people responsible likely live near or in the area. The seven adults and one teenager of the family found shot to death in their homes back in april. Investigators had been looking into whether the Mexican Drug Cartel was involved because some of the murder scenes. The sheriff does not believe the family was trafficking drugs for the cartel. Let us talk about this right here. The creepy clown craze has prompted one Big Box Store from selling clown masks. Target is pulling the masks because of the creepy clowns threat. Across the country, you heard about it. Many of the recent crown threats have proven to be hoaxes. Robbing gas stations and restaurants. A few of the masks are Still Available through 3rd party websites. A live look at lorain. Blue skies abound across Northern Ohio. If you are seeing a cloud, dont worry about them. They are going by quickly. It should be a clear, starry evening wherever you want to go. We are not worried about rain. By this time tomorrow there is a front here. There could be a look at these temp, near record or recordtying temperatures across Northern Ohio right now. 82 degrees currently at cleveland hopkins. We have upper 70s and lower 80s everywhere you go. 82 downtown, 82 in North Royalton and 80 in canton and 80 in akron and wooster. It has been a warm summer so we are used to this, be you this is late october. This is not what you normally see. Woe look mid 70s at 1 00 a. M. And mainly clear skies. Down to 69 degrees in the akron canton area. This is warm through 1 00 a. M. One more bay of the warmth, and one more day of the warmth, and then rain and cooler. You onto he it was coming. More on that coming you know it was coming. More on that coming up. More students than ever are said to graduating from high school. The Graduation Rates for the last leased toed and it shows were released today and it is showing progress for all groups of students. More africanamerican and latinos students are graduating than ever before [ cheering applause ] according to the report minority students are continuing to narrow the gap between their Graduation Rates and those of white students. By the way, the white house grown by 4 Percentage Points since the 20102011 school year. We have breaking news right now. I want to show you that on your screen. I480 eastbound down to one lane due to an accident out there. You can see the pileup, a slow and go. Here is a live look from the traffic cam. The traffic is bumperto bumper. We will keep you posted on that. More as we come back. Still ahead tonight at 5 00. A confrontation caught on camera. Police are being we are breaking down what unfolded and why people are so upset. And not clowning around. Why target is pulling clown masks from store shelves. And right now here is a look at todays winning lottery a man convicted of attempted 2nd degree murder in september against george zimmerman, had zimbabwe testifying apperson followed him, flashing his lights and honging his horn before pulling up aside him and shooting at him but the zimbabwe was cut by the zimmerman was slashed by the glass from the shattered window. Well, trains are once again rolling in and out of hoboken train terminal in new jersey. Tran it officials fully are he opened the station early this morning. It has been shut down for more than two weeks after a train september 29th. One woman was killed and more than 100 others were injured. Communities are steel reeling after Hurricane Matthew ripped throughout north carolina, a total of 26 people dies as a result of storms in the state. Look at that right there, officials estimating 1. 5 billion worth of damage to more than 100,000 homes and businesses in the area. Public highways and interstates remain closed as crews use pump os to try to describe there. Some people are living in temporary shelters and some counties are waiting to receive a Natural Disaster declaration from fema. A local group is getting haiti. Mission usa in barberton will head to haiti for Hurricane Relief specifically catering to those with difficulties early next month. They are giving away food, water and wheelchairs there to people as part of their mission. The others are bringing hope and encouragement to those with disabilities. I am just one of them. Because i use a wheelchair, that kind for differences, language differences. They accept me and i accept them. The group still needs help. They continue to take money and wheelchair donations before the november 8 trip to haiti and will return again in february. One couple is turning tragedy to their favor as they manage to make their way down Tyler Aaronson and his fianci evacuated their home when the hurricane swept through raleigh early last week. Before they could return to their waterlogged home thieves tore threw what was left, taking valuables, items and kibesakes the bride had gathered including special wedding shoes but the couple said their big day. It is a traumatic thing happening but we love each other and want to lean on each other and we have done that. It put it all in perspective and reprioritized why we are doing this. We are in love and want to get married in front of our family. She looks beautiful. The word spread about the couples misfortune and soon the love began pouring in. Donated dozens of items and money. It is a true test of their love and faith, the couple says. Yes, it is. Check out this new video. An unbelievable rescue off the coast of australia. Seaworld helped a mother hump back whale and her baby break free. They were entangled in a shark net along the beach. The rescue crew used specialized equipment to remove the net and sent the family out a happy ending. Yes. A very happy ending. It looks so interesting. Very cool. Well, we are feeling like summer, too. We could go out, boat, swim, fish, rescue whales get the grill out tonight. Yes. We are looking at a beautiful, beautiful Late Afternoon. Blue skies and barely a cloud in the sky. The nearest rain shower activity up near toronto, 272 miles away, we have showers and storms and then we will slide back 400miles away near milwaukee. We have soot batch of showers and storms. Notice we have another batch of showers and thunderstorms. Notice they are moving this way, eastnortheast. During the day tomorrow. Current wind speeds, it has been breezy all day. A wind speed of 20 Miles Per Hour in mansfield, 16 in clevelandakron, 17 in other areas. 80 in akron, 78 in wooster, temperatures are holding onto the warmth. The skies are clearing out. By 6 00 a. M. Tomorrow we are still in the upper 60s and lower 70s because of the warm flow out of the southeast, taking clouds and rain showers well to the north. Are the fronts . The high is keeping us dry and warm. The front to the north with the rain along it. It is this front here that will catch us late tomorrow night. That will begin to cooldown and another front will grab u coming our way most thursday and equally cooling down until we continually cooling down until we get to 50 on saturday. Just in time for the weekend the chill arrives. 68 for the overnight low, mainly clear, warm and dry. Tomorrow we will cloud up quickly. During the day it will be mainly cloudy and we cant rule out late day thunder but we will still get warm. 80 to 82 degrees. Akron tonight 67, crystal with late day thunder. Here is the sevenday forecast. Are you ready . Watch the cooldown. 82 tuesday, 71 where late day rain. Most of the day wednesday is dry. Late day rain wednesday and thursday. Thursday rain on and off all day and 67. Friday 55 and a few showers. Saturday a high near 51. A cool, cool weekend. 57 sunday. Inland away from the big city lights the lows will be cooler. I am thinking by sundayor inland in the 30s again, maybe a little frosty to begin your sunday morning. So, a chilly weather weekend. Prepare, grab your hoodies and your flannel. Do you have flannel, lee . Loads of it. We dont want to discuss that here. Checkerboard flannel . Tons in my closet. I could let you borrow some here is what is coming up at 6 00 he was a 15yearold boy restaurants before he was shot and killed in a robbery. Tonight the man behind the gun is in Police Custody as the family continues to grieve. When hard times hit his family, a parma man tried to get his parents cable turned off so they would stop billing them but he says cable reps on the other side of the line mocked and laughed at the situation. And when newschannel5 at 5 00 returns, cell phone of a is minnesota naacp is demanding a formal apology from a local Police Department after a heated confrontation is caught on camera and the video went viral. The cell phone video show as black man stopped by a white officer. The woman that recorded the video said the man didnt do anything wrong but the city has a different story. Abcs Elizabeth Hur is in new york with details. Police put on youtube that has the minnesota naacp demanding the Police Department apologize. The man stopped by police is visibly upset and can be heard repeatedly asking the officer to take his hand off of him. At one point the woman recording the video also seems to question the officers response. Maybe you could just help him to walk is. Reporter the man was quote obstructing southbound vehicle already traffic, creating a risk to his safety and others. Be careful in judging an officers behavior or a person he stopped behavior. When you only watch the middle of a movie, you are running off of limited facts. Reporter this video does not know what led to the initial stop. In a statement the police the man did not stop and was defiant. After that point the recording began. I think you still have to look at, were there ways to deescalate that into something other than what it appeared to end up . The answer may be no. Reporter well, the man was initially sited for Disorderly Conduct and failure to obey a traffic signal, but the mayor now says that citation will be dropped and the city is reviewing the incident. Elizab york. That is our time. Thank you so much for joining us. Rob and lee, what is going on at 6 00 . A year long investigation into what caused a plane to crash into an akron apartment complex killing everyone on board. We are expected to learn why in a few hours. And documents recently released give a lot more insight into what happened the moments before the crash. And there are accusations the company that owned the plane tried to change the documents plus, a apartment complex woman faces homicide charge parma woman faces charges after driving into a concert crowd over the summer. Newschannel5 at 6 00 begins in. Now at 6 00, closer to a cause. Why a plane crashed into an akron neighborhood happy destroying all on board. Now more on the findings from theno 2015 crash will be released tomorrow morning. But first it released bombshell documents on what could shed light into what happened. You spoke to a local expert today. Cause . Reporter well, he is basing that on his experience as a pilot and on these documents released by the ntsb. The plane crashed into an Apartment Building behind me last year. That plane just knocked down that building and has since been torn down. The tragedy happened on november 10th of last year. Since that many people have been wondering what went wrong here. The answers could come tomorrow. The whole back of the garage was burnt off. Most of this well scorched. Reporter first the horrendous boom, followed by the intense flames and fuel. David denham knows how close the plane crash in an akron neighborhood came from taking his mothers life. If the plane was ten feet higher we would be talking about Different Things as as opposed to property loss for my mother. Reporter new documents released by the National Transportation safety board revealed the planes manufacturer told the ntsb the decent altitude and the probable cause was a stall after the crew failed to maintain air speed, in other words pilot error. This according to tim lanogan, a local pilot. They fear the plane came down on instrument approach. They got too slow and the wings stopped producing lift because they were so slow and the aircraft departed control flight. Reporter a transcript shows one piled said to the ot diving, dont dive, moments before the impact. It destroyed an Apartment Building but carnegieingly all the residents were amazingly all the residents were away from home. But the crash killed both pilots and seven Business Executives. What are the Human Factors . We will be learning from that for years to come. Reporter a former captain