For the suspect and the case is at the top of the list. Its serious and it has to do with the children of bridgeport. That makes it top priority. Tonight police are also stressing they do not believe the two ever met or even knew each other but tonight theyre certainly looking for the female driver. Reporting live in bridgeport, tim fleischer, channel 7 Eyewitness News. A new york chef and Restaurant Owner in federal court this afternoon facing child porn charges. The fbi arrested 54yearold matthew tivy this morning. This is not his first runin with the law when it comes to misconduct with minors. Tivy was first arrested by the nypd in may but authorities did not have what they have on him now. They say it was his cell phone that did him in, sparking a federal investigation. Restaurant owner whos made appearances on the food network and just this morning matthew tivy was arrested on child pornography charges. The owner of the french bistro caf du soleil is accused of taking advantage of five minors and receiving and distributing explicit videos and photos. Text messages were found between him and a Bronx High School student who was 14 or 15 at the time about having sex. Authorities say the encounter happened at a best buy parking lot in the bronx back in december. Afterward tivy allegedly texted this even though you were very bad not to tell you how old you are but i dont mind. Tivy responded ive been with a High School Guy before so its cool. Officials say theres a short video of the two having sex. The 54yearold was arrested by the nypd back in may for sexual abuse of a minor and thats when they discovered of other victims. We spoke with tivys attorney following his arraignment today and heres what he had to say. The short answer is i believe him. Its up to the u. S. Attorney to prove the case. We believe the presumption of innocence in this country and thats what hes maintaining. In court today tivy pleaded not guilty. He has a husband. The judge denied him bail saying hes a threat to the community. That means hell have to stay in jail till his trial and well keep you updated on that. New at 5 00, a teachers aide who was caught on camera getting rough with a toddler in new jersey will not face charges. A video shot back in may at an outdoor play area near the Apple Montessori School handling a toddler to put a hat on her. The office says the decision not to indict should not be interpreted to mean that gomez behavior is acceptedable. A shootout involving undercover officers in brooklyn. One suspect was hit in the leg and an Unmarked Police car was riddled with bullets. Amazingly the three officers were not hit. Four suspects were found and arrested. A triple homicide recently happened in a neighboring housing development, striking fear in residents. To be shooting like this with all these children around here is ridiculous. They need to fix these. Its putting a lot of kids in danger. Residents say the suspect who was hit in the leg is on parole. Charges are pending against him. New at 5 00, investigators officially eliminating natural gas as a cause of the deadly explosion that leveled a building in brooklyn. The fdny says fire marshals have completed their onsite forensic investigation. In to whether the october 3rd blast was accidental or intentional. Francisca figueroa reportedly was in serious debt and was being evicted. Meanwhile, we have new information on the ill fated voyage of the cargo ship named el faro. One of the 33 missing crew members lived in brooklyn. That crew member, 26yearold mitchell cufflick. The coast guard suspended its search for possible survivors last night, nearly a week after the ship sank in the bahamas near hurricane joaquin. One of his neighbors remembers him as a nice guy and being very polite. I think its sad because there was a lot of them on the boat. I didnt know he was one of them. The neighbor tells Eyewitness News he moved in to the building about a year ago with his girlfriend. New developments in the deadly turnpike accident in new jersey. In the last hour, police have identified the driver who dropped a mattress and box spring on the highway, suspected of causing a tanker driver to veer off the road and explode in a ball of fire. That driver was killed. The question now, will charges be filed . New jersey reporter Anthony Johnson is live in East Rutherford with the latest. Heres the latest. An autopsy took place on the truck driver today. So far that truck driver that died in yesterdays accident has not been identified but we do know he is from newark, new jersey. Reporter authorities have now said the truck that burst in to flames was carrying 8500 gallons of fuel. After leaving a linden refinery. The blazing inferno on the turnpike was so destructive, it was challenging for investigators to determine which company owns the fuel truck which burst in to flames. But this afternoon it was announced that the Truck Company was jsk transport of warren, new jersey. This dash cam video shows the horrible chain of events leading to the crash and the stunning aftermath but it could have been far worse. The fuel truck driver apparently took quick action to avoid motorists and a mattress and box spring on the roadway. The trucker swerving off the northbound turnpike, hitting a guard rail, which split the shell of the fuel container like a straight razor. The truck flipping on to its side and goes up in a ball of flames. The mattresses were still on the road as the truck was burning out of control. Traffic on the northbound western spur was blocked off for some 13 hours. Police were able to interview the van driver who lost the two mattresses on the scene. So far he has not been charged with any motorcycle vehicle violations. Aaa new jersey also says there are more trucks on the road these days between the to midnight. Thats because new rules went in to place a couple years ago that mandates that truckers get sleep after midnight. That is the latest live from East Rutherford, new jersey. Anthony johnson, channel 7 Eyewitness News. Two people are in Police Custody tonight in connection with a hitandrun on the upper east side. A livery driver was hit as he stepped out of his car near madison and 80th street this morning. The man suspected of running in to him was pulled over minutes later on the upper west side. He and another no time. The victim is expected to survive. New information and a bit of a political shocker. The vote for House Speaker was postponed minutes before it was supposed to happen because House Majority leader Kevin Mccarthy unexpected pulled his name out of the running. Mccarthy has been unable to gain the support of conservatives in the party. He made controversial remarks about the benghazi investigation. John boehner says he will remain in place until the republicans are ready stocks on wall street extending a lucrative rally today, pushing the dow back above the 17,000 mark. Investors continue to watch the feds every move, looking for signs it will raise key interest rates. A rate hike may be in jeopardy because of the slowdown in china and a wavering u. S. Jobs market. The dow closed at 17,050. The nasdaq added many points. The s p 500 rose 17 points. Were staying on top of a mystery in new jersey. Coming up, the search to figure out what killed a mother and her child as police try to figure out how they died. We now know who found the bodies. After a massive fire that destroyed luxury apartments in new jersey, the Eyewitness News investigators ask whats the holdup on changing the law that could make it safer for tenants . Plus the multimilliondollar plan to fix potholes before winter gets here. Im meteorologist lee goldberg. We added a few clouds today. We lost a few degrees t. A few degrees. Its still clouds theres im michael douglas, and new york is my home. Theres no place like it in the world. And theres no time to see it like the fall. Take metro north to take in the beautiful fall foliage from high above the hudson. Swing a club at one of americas greatest courses. See spectacular sights underground. Or thrilling sights above it. Theres so many incredible ways to experience the fun of fall in new york state. Plan your trip at iloveny. Com. Lees accuweather forecast is coming up in just 3 minutes. Pothole season is fast approaching. While were still enjoying fall, were getting closer to winter. Theres a push tonight to fix potholes still around from last winter. Start of a nearly 14 million repaving project. Heres n. J. Burkett. Reporter it may be the worst stretch of highway anywhere on long island. Route 106 in jericho. Not so much a road, but a quarter mile long speed bump. The pothole condition here on long island is horrendous. Reporter nick veccio is visiting long island from south florida. I hit more potholes just going from the tunnel to long island than i have in three years living in florida. Reporter the weather in new york is a major factor, but it hasnt snowed in months and some roads like this stretch of the wantagh parkway still look like wash boards. This week Governor Cuomo promised 14 million to repair and repave several long island roads over the months. This is an investment in the long island road network that is sorely needed. Reporter alex slatky of the aaa says repairs have been delayed for a lack of funding. Thats where the rubber meets the road because you need money from the federal level. You need money at the local level. And all of those levels of government are strapped for cash. Weve had two really bad winters. The roads have been destroyed. Help. You have to reporter some motorists we but not nick veccio. Thank god i got heavy Duty Suspension because ive been banging my head on the ceilings of the truck. You need more of a humvee they use in afghanistan. Probably could handle the potholes a lot better. A major project to repair route 106 is about to get underway. 2014 was the worst year ever on long island roads. Roughly 50,000 people reported flat tires. Thats an average of one every 11 minutes for the entire year. Long island, n. J. Burkett, channel 7 Eyewitness News. The man wanted for stealing a cell phone is now under commissioner bratton confirmed theyre looking to whether excessive the emt was brooklyn. Police surrounded the man wanted for stealing the iphone and started beating him. At some point the robbery victim, the paramedic joins in. The Complaint Review board will likely decide how to handle the situation. It is a matter that is the subject of an internal affairs situation which the ccrb will be coming in to because it is probably more appropriately in force. The suspect, Daniel Daniel shevchanko pleaded guilty and will be sentenced later this month. The deadly stampede in saudi arabia may be double the original count. The disaster killed more than 1300 people. Last month saudi officials put the death toll at 769. This all happened when two large waves of pilgrims converged on a narrow road in the holy city of mecca during the annual hajj pilgrimage. Hundreds of counterfeit emissions stickers. Officers seized 935 stickers from a mans luggage. The man, a citizen of the dominican republic, was taken in to custody. I was saying earlier i didnt realize you could get these on the black market. I guess you can get anything on the black market. [ laughter ] not a good weather forecast. Cant get enough of this. Can we have another day . Tomorrow to be more warm and humid. Almost a summery feel for tomorrow before we cool back and get more of the refreshing fall weather over the weekend. Its such a transition time of year. Ive seen a couple fall jackets and scarfs, then some shorts and tshirts. Meanwhile weve got a nice little breeze out there. Feels great in the early evening hours. For an hour or two given any one spot we had some clouds. We approach sunset around 6 30. High today was 72 degrees. Average was 67. Well be a good maybe nine degrees above that tomorrow. No rainfall today. Were having some tomorrow. I dont think were talking about big amounts. Most of the area will probably average a 10th or two. There are your sunrise and sunset times. 71 degrees. Sun and afternoon showers. Montgomery right now. Its 66 in stanford. 66 in newark. Belmar coming in at 64 degrees. 63 at 7 00. Just a few patchy clouds around first part of the night. Mostly cloudy by morning. But notice the numbers tonight dont fall below 60 in new york city. Most suburbs are in the comfortable 50s. If you felt wont need it tomorrow. Low 70s by noon. May be a shower well north and west for the morning commute. Most of the area is dry till later in the mid to Late Afternoon hours where a couple lines of showers come through and a few embedded thunderstorms. You see a couple patchy clouds right now. You can see through them but a little bit more cloudiness if youre near ridge water, hackensack. Heres the cold front through the great lakes. Right now were on the cooler side of the front with an east wind. As we go through later tonight this front is going to come through. Thats why we could see a shower north and get in to this warmer air mass briefly with temperatures spiking in to the mid 70s, especially if the clouds thin out a little bit which i think they will at times. Then these showers will come in. A lot of these showers are going to our north. Kind of ripped off with any steady rains. A couple lines come through. Initially a surge of warmth in the mid 70s then the cool down as we head through the upcoming weekend. Thunder threat tomorrow especially from the city southward during the afternoon and early evening hours, a couple rounds of showers. Most likely in the early afternoon and evening. Dont be surprised if youre in sullivan, see a shower in the morning. Partly cloudy and comfortable tonight. 60 degrees. Tomorrows high is 76. Breezy, warm despite a fair amount of clouds. A little bit of sun and then a shower, thunderstorm especially afternoon and evening. The evening thundershowers will leave us then partial clearing. Coming up at 5 30, will the best chance for a gusty thunder shower be over central and southern new jersey . Well look at that on the latest futurecast. Is it just a plain old sunny weekend, and maybe a 7day accuweather forecast a few minutes away at 5 30. Mets fans are ready for the teams first playoff game in nine years. The mets are in los angeles right now and theyre preparing for game 1 of the National LeagueDivision Series tomorrow night against the dodgers. New york practices later tonight. L. A. Already got in their practice today. The mets will send their ace to the mound for game 1. Go mets. Weve got sports anchor laura behnke in los angeles for game 1. You can see her reports beginning tonight at 11 00. Got a good feeling about the mets . Im very happy for the mets. Coming up, what facebook has come up with needs of a dislike button. Also new fallout for the new jersey nurse accused of reusing syringes when handing out flu shots. Im Lauren Glassberg in the midst of 7 acres of green space on the roof. From rooftop to newscopter7 just arriving over a bus accident in Morningside Heights. My name is amanda and i smoked while i was pregnant. My baby was born two months early and weighed only three pounds. This is the view i had of her in the nicu. My tip to you is speak into the opening so your baby can hear you better. You can quit. Talk with your doctor. For more help call 1866nyquits mom this is hugely important. Is there anywhere in your house i can get a good signal . Anyway, you were saying. Its a tragic love story. I love tragedy. What is that noise . What . Im on set. What movie . Im shooting a movie about laundry. Leave slow internet behind. A movie about laundry . Yeah the 100 Fiber Optics Network gives you the fastest wifi available when you need it the most. We want to get you to that breaking news we just talked about before the break. Shannon sohn is live in newscopter7 over a bus accident in Morningside Heights. Looks like that bus went right in to some scaffolding, shannon. It certainly did. They were traveling south on broadway trying to make the westbound turn on to west 120th street when it clipped the scaffolding. You can see the problem the Fire Department is having now, trying to figure out how to get the bus from wedged underneath that scaffolding and keeping the scaffolding from collapsing at the same time. This will be a prolonged operation. If youre on 120th street, youre being forced to turn north on broadway. Shannon sohn, channel 7 Eyewitness News. Apology today from volkswagons Top Executive here in the u. S. Michael horn went before a Congressional Committee today to answer questions about the emissions rigging scandal. He said he had no idea and he blamed Rogue Software engineers overseas. Reporter in the hot seat for his companys deception. Id like to offer a sincere apology. Reporter volkswagons u. S. Chief apologizes repeatedly as lawmakers vent their anger over the automakers admitted cheating on pollution tests in nearly a half million diesel vehicles in the u. S. , inserting software that would only turn on the emissions controls when the vehicle was being tested. Vw has betrayed a nation. Its time to clean it up or get off the road. I did not think Something Like this was possible at the volkswagon group. Reporter michael horn told congress he was just as shocked as they were and as disappointed as the millions of vw owners around the world who now say their cars value dropped. It will be a costly mistake for volkswagon, facing lawsuits and lost business on top of recalls. Headquarters in germany as prosecutors seek documents for their own investigation. Americans have been defrauded by volkswagon. The companys word isnt worth a dime. Reporter volkswagon has still not said how or when it will fixed the recalled vehicles in the u. S. But promises to take full responsibility. We will find remed