David vasquez did not attend the hearing scheduled today. Fox 25 first reported one of the alleged breached safety procedures that set the unmanned train in motion, a passenger gave us there photo of the trains cab and told us he saw a cord wrapped around the throttle, which controls the trains movements. Sources controls to the investigation said vasquez failed to engage the trains brake before he stepped off that train. Since last week, fox 25 has made several attempts to speak with mr. Vasquez. We have not received any response. We reached out today to the Carmens Union that represents them and all they would say is the process is ongoing and he should be afforded his due process. Mark tonight, there are new questions about what the public was told and whether, fox 25s Sharman Sachetti is also learning about how t police learned of the runway train, she continues our team coverage. New at 6 00 p. M. Weve learned Transit Police actually learned about the incidents from Braintree Police, not the t itself. Being raised about whether or not the public should have been given information earlier. When the run away redline train traveled for miles unmanned for several minutes, first the public was told it was a signal problem. Minutes later, a power issue and then after that, at 6 25 a. M. In the morning, a disabled train. It wasnt for more than three hours the public was told even a little about what had really happened, and in radio dispatches calls from Braintree Police to transit place that we obtained, were learning the t first learning for the first time about the run away train from braintree at 6 50 a. M. The reporter Transit Police said this is protocol and they learned within a minimum. Governor baker celebrated the two t workers who stopped the us about if there were better ways to let the public know what had happened. The Transit Police could not have stopped the train, so it was not a priority to note fight them. The reporter we asked transportation secretary stephanie pollack about it. One of the issues that we can look at in the investigation is should we have communicated with the broader public in a different way. The incident started at 6 09 a. M. , i got a call about 6 15 a. M. The reporter mbta general manager tells you he called braintrees mayor right away but that release didnt go out to the public for hours. Of course, we had to determine what actually had happened. The reporter and pollack tells us she is waiting for a full port on the investigation. Thats expected out within a week or two. Well keep following this story for you have. Live outside the state transportation building in boston, Sharman Sachetti, fox 25 news. Vanessa a jury of eight men and four women is now deciding the fate of a accused teen killer, Phillip Chism. Of raping and murdering his Danvers High School math old. Chism is being tried as an adult. Fox 25s bob ward has been covering this trial from the very beginning. He brings us inside the courtroom now, following an arguments. Wearing a suit and tie, Phillip Chism sat quietly at hesperia defense table while lures gave the jury one last glimpse into the disturbing case. Chisms lawyers do not deny that chism killed and raped Colleen Ritzer in an attack that began in a girls bathroom, but they argue he was hearing voices, he was mentally ill. When Phillip Chism followed ms. Colleen ritzer into that bathroom, he was not himself. He was not the kind, smart, 14yearold boy. He was totally and absolutely responding to the terrible commands that were in his head. But prosecutor Kate Mcdougal this was a premeditated killing, that chism knew exactly what he was doing in the halls of danvers high and by bringing a box cutter to school and finally, using a recycling bin to move ritzer to woods behind the school where her body was violated with a tree branch. Mcdougal also raised the possibility that Colleen Ritzers survived the initial bathroom attack only to be killed in the woods. I am not going to stand here and tell you there is nothing wrong with Phillip Chism. How could i . But i am going to submit that there is overwhelming evidence in this case beyond any reasonable doubt that Phillip Chism was not suffering from a mental disease or defect. This is a copy of the verdict slip that the jury will take into deliberations. This is just for the first degree murder charge. The jury can find Phillip Chism not guilty, guilty of the offenses charged, guilty of Second Degree if it doesnt find him guilty or first, or not guilty by reason of lack of that is the insanity defense. No verdict today. The jury will be back to work at 9 00 a. M. In the morning. In salem, bob ward, fox 25 news. Vanessa and to echo bobs words, when the jurors reach a verdict, fox 25 will alert you on our news app. We will also bring you live coverage right here on the air. Now to a live look at the radar. 9 rain isnt here yet, but it wont be long before it arrives. Fox 25 Storm Tracker chief meteorologist Kevin Lemanowicz is here with an updated timeline of whether it comes and when it kevin everybody going out around town in boston, worcester, manchester, New Hampshire, an southern vermont, staying dry, but here comes heavy rain. Im tracking it through Central New York and eastern new york, so oswego utica, its advanced farther to the east and we can use the albany new york Doppler Radar, getting a real good picture of the heavy rain. You can tell by the yellow and orange. Our live Storm Tracker radar coming down to the towns, show you whats going on out here and all of the heavy rain is moving toward the northeast at 55 Miles Per Hour. Is here and push it off to the northeast at 55 Miles Per Hour and youre going to see, its going to hit albany by 6 52 a. M. Fitchburg by 9 22 p. M. Im going to put more time lines together on this argues was as we update it throughout the evening. Theres more rain to the south and well. This will go all night long and the first part of your morning drive. Ill track it hourbyhour for you so you can see what youre dealing with later tonight and first thing in the morning. Mark it will be raining when the fox 25 begins. Start your day with shiri spears updated forecast. The fox 25 gets started at 4 00 a. M. Vanessa a taunton man pleading not guilty in a crash that left a well known stoughton businessman dead. 33yearold Michael Burns was under the influence of drugs when he hit joseph brady friday night as brady was crossing the street in front of his Christmas Tree lot on park street. Brady later died of his injuries. Bail. Prosecutors say he has a long driving and criminal record. Mark the man accused of shooting three people in revere is being held without bail tonight. Michael deleon stood out of sight in court. Hes charged with murder in the shooting of a 35yearold mother of key, Christie Johnson and 66yearold peter peterari. Prosecutors say deleon shot three people on wade street last week. One of the victims family members says he was engaged. Vanessa that driver said he was trying to make a delivery on men den street in worcester, when two men approached him, one of them carrying a gun. They took off with his money. If you know anything about this robbery, you are asked to call worcester police. Two boston firefighters taken to the hospital today after being hurt in this fire. Flames broke out at the thornton place home in roxbury this morning. Everyone inside was panel to make it out safely. The investigation in to what started the fire is ongoing. Also new at 6 00 p. M. , a little boy left alone on a school bus, and tonight, fox 25 is speaking with the driver, only fox 25. Mark the bus driver says the boy fell asleep and he forgot all about limb. Malini basu is live in lawrence where the driver is apologizing. The reporter mark and vanessa, we spoke to that bus driver about 45 minutes ago. The bus driver, he himself is father of two and he was nearly in tears while telling us his side of the story. We spoke with him 45 minutes ago. This is video of the bus, nunez transportation and this is where that little boy was left on the bus this morning for 45 minutes or so over on prospect street and it was thanks to a woman who was passing by, she saw the little boy, hes only five years opened, she immediately called 911. The caller told police the little boy was scared and crying. The driver, jose nunez, tells fox 25 exclusively of the little of this was just a big mistake. I feel so sorry about it, and thank you to give this job to me, and thats not going to the reporter tonight, Lawrence Police tell us this was ra misdemeanor and he could possibly face reckless endanger mlb tonight charges. We are being woulding endangerment charges. We are working on getting the 911 call and reaction of the 5yearold boys mother. Live in lawrence, malini basu, fox 25 news. Mark tonight, the patriots are back where they used to be, as far as being on top of the a. F. C. , thats for sure, but it could be a costly 1 as four more players were sidelined with injuries. Sports director tom leyden with an update. Were keeping an eye on the health unit, awaiting word Garrett Blount to appeared to be the most injured. Mccourts ankle injury should not keep him off the field for too long. The pats are back on track and back atop the a. F. C. Once again, the top seed after a 276 win over the texans. Rob gronkowskis return, sparked the patriots offense, and new england is back in the postseason once again and they can clinches afc east if the dolphins lose to the giants tonight in miami. It was satisfying to come out here and get that win. This team. Thats all we wanted to do, come back out, get on the winning track again, and we did that. We fought hard. I thought defense played incredible. Offensively, we took advantage of some scoring opportunities and didnt make really any big mistake, so that was pretty important. From here the focus shifts to tennessee. The titans come to town this sunday, should be a win for the pats and now that they are back on top of the a. F. C. , you would think they would want to stay there. 112 through 13 games though. Not to bad. Tom leyden, fox 25 news. Mark a local man is accused of making a bad example. Vanessa what police say she 11yearold next to her and the other troubling discovery they made in the car. Mark a women held for years for killing her husband could walk free tomorrow and tonight the victims family is sending out a warning. Vanessa a woman hit and killed, while trying to cross the street. Police say the driver stopped to see what happened, then kept going. The missing key evidence that has poli mornings. Wonderful, crazy mornings. We figure you probably dont have time to wait on hold. Thats why at xfinity were hard at work, building new apps time for us to call you. So instead of waiting on hold, well call you when things are just as wonderful. [phone ringing] but a little less crazy. Were doing everything we can to give you the best experience possible. Because we should fit into your life. Not the other mark right now, police are trying to find the driver who hit and killed this woman while she was trying to cross the investigators athe driver stopped to see what happened and got back in the car and kept on going. Vanessa Stephanie Quinn knew shows us the big challenge detectives face as they try to piece this together. I dont understand why someone would leave a human being laying in the middle of the road. 78yearold woman died from her injuries after she was hit by a car on december 3. There is video from that night. Quincy place say the woman was crossing the street before 4 45 p. M. Tethering of bergen parkway and dimmic street. The victim was wearing puffy winter clothing, so we believe there would be minimal damage to the car, possibly denting or scratching. Police are looking for a black boxy station wagon, possibly a volume sew. Volume volvo. What makes this more tragic is the driver got out of the car to see what happened and drove off. This one ratchets it up just a little bit more because of the indifference of the driver. The reporter witnesses describe the driver as a man, about 50 years old, wearing a dark jacket and played pants. Morrissey told us the city doesnt have Traffic Cameras that could help show where that car went and surveillance cameras from business ins that area havent helped. So far, weve come up with nothing. The Reporter Police are asking anyone with information or Surveillance Video from that area to contact them. I would like to bring it to a closure, and for the family involved. The reporter again, there were people who actually saul the hitandrun happen, but police say they were so focused on helping the victim, they werent able to take down a license plate number. Weve also put the description of the driver and the car on our web site, along with the rest of the story at myfoxboston. Com. Stephanie quinu, fox 25 news. Vanessa police on the cape want your help if an Armed Robbery investigation. A pan went into the brewster farms market on route 6a in brewster, pointed a handgun at the clerk and grabbed money out of the cash drawer. K9 units tracked the man heading east, but were not able to make an arrest. If you recognize him, please contact the brewster police. Mark portsmouth, New Hampshire police want to know if they are sharing these surveillance photos with us. If you recognize her, give Portsmouth Police a call. Kevin so far, its been all clouds and fog out there today, but rain just getting into picture. Well zip over there and take a closer look at the heavy rain thats coming through eastern new york. Theres even been lightning showing up and well soon into the albany Doppler Radar site. Actually a Lightning Strike right here, out to the west of kingston, new york and i80 thruway. Not a lot on out there, but there have been a couple. Not impossible that we see a couple of thunderstorms trying to make their way in to here tonight. Thats a lower probability because of timing of this, but clearly. I backed off just a bit so we could take this front edge here. Push it off to the northeast, at about 50, 55 Miles Per Hour now. And puts it in worcester by 8 14 p. M. This evening. Keene, New Hampshire, 8 00 p. M. Rutland, 7 33 p. M. Vermont, 7 30 p. M. Worcester, avilla 8 00 p. M. And keep going toward boston and the north shore in the 9 00 p. M. Hour. South shore, likely in the 9 00 p. M. To 10 00 p. M. Hour. This is the extent of this front, stretching from canada all the way down to washington, d. C. , as it pushes toward us, so were not going to miss any of this this. Depends on which shower you get stuck in, the heavier ones clearly will bring you more rain. This is the futurecast timeline, 8 00 p. M. , taking it into the berkshires, heavy rains, albany new york and theres worcester with some of western New York County seeing the rain make their way in. Southern vermont hand New Hampshire, heavy rain. Boston during the 10 00 p. M. Hour especially and there you are in the south shore getting into it about the same time. Not done with the rape yet after that first burst. Plenty of shower activity behind it, more heavy rain during the 11 00 p. M. To midnight hour tonight and after midnight, sore we start to wane after 2 00 p. M. Heavy showers back here that have to come on through. So after 4 00 p. M. , shiri will be guiding you through the last of these showers coming through on the fox 25 morning newscast and finally drying behind those. The other problem tonight is the dense fog out there and in some spots, its down to a quarter mile visibility, which to you is when youre driving, not seeing very far ahead of you. That dense fog advisory goes until midnight. That was updated by the National Weather service about a half halfhour ago. Norwood, 50 degrees. With the cloudy skies and winds coming in from the south, that temperature is going to be rising overnight tonight. Same for boston. Portsmouth, New Hampshire forks 8 degrees, with some showers, a couple sprinkles around, but the heavier rain still could come, youre going up into the 50s. Everybodys temperature rising a bit as the night wears on and the front pushes toward you. Considering the day, warmest temperatures during its morning and start to wane in the i expect the temperatures to sun later on in the day. High temperatures tomorrow back into worcester county. 53 worcester to auburn. Upper 40s, spencer to petersham. North shore, temperatures in the 50s. Topsfield and jo, mid 50s and cape cod, in the 50s as well. 55 falmouth and 56 for you in chatham tomorrow afternoon. Sunshine abounds on wednesday. Well see that in the sevenday forecast here and the other issue i wanted to point out for tomorrow, it says windy right there. Thats because theres a wind advisory from the National Weather service for tomorrow. It starts at 11 00 a. M. In the morning, goes until 6 00 p. M. In the evening and the danger is for wind gusts up to 50 Miles Per Hour, could cost localized damage and look at that cooldown, touching more on that coming up. Vanessa president obama wants you to know the effort to fight terrorism is stronger than ever. Next at 6 00 p. M. , the promi