There exist nos Death Penalty exists no Death Penalty in the state of florida. He blocked a prosecutors from seeking the Death Penalty. This sis after a ruling by the Supreme Court that called the unconstitutional. And gloria gomez has been following this closely, how are people reacting to the decision. Some are calling it brave and he is a trend setter knowing the states Death Penalty is in limbo. A judge made a big ruling that could set a trend. In my opinion it is courageous. Michael andrews rejected the notice that they plan to seek the Death Penalty against steven dikes, accused of killing his 3 month old little girl. The judge wrote, quote, the Court Concludes there exist nos Death Penalty in the state of florida in that there are no procedures in place. An attorney said until other judges will face the same dilemma. Others will follow suit. This comes on the heels of a decision by the u. S. Supreme court this month. It said the way florida handles Death Penalty cases is unconstitutional. The way it works now the juries recommend life or death but a judge makes the decision. The Nations High Court said that is a violation of the 6th amendment. Only juries can make that decision. What does this mean for prosecutors who want to seek death in pinellas or any other county. Its not the prosecutors fault or the defenses fault it is the law. The slaw in flux and in limbo. Nobody knows. Now a prosecutors told reporters he disagrees with the judge. No word yet, though, whether he will appeal the judges decision. Chris, back to you. Gloria gomez, thank you for that. Have tightened security around the wildlife refugee in oregon following a standoff last night. It was as officers were arresting leaders of the armed protestors during a traffic stop. Officers say two people refused to surrender and thats when the shooting started a protestors was killed, another hurt. Officers arrested eight people. They have occupied that for most of the month now and investigators are not say hog opened fire first but an f. B. I. Agent blames the protestors. It is the actions and choices of the armed occupiers that lead us to where we are today. They had ample opportunity to leave the refugee peacefully. The occupiers say the protestor killed had his hands him. Law enforcement would not comment on that claim they say later. Some of the demonstrators say they will stay at that facility. They have been there since january 2nd protesting comes to federal lands. The boycott is on for donald trump. He said he will not be on the debate stage tomorrow night and it is because of his feud with the moderator megyn kelly. Im not a fan of megyn kelly. She is a third rate reporter. She frankly is not good at what she does. I think they can do better than megyn kelly. Lets bring in Craig Patrick who is traveling iowa today. Stealing ought the headlines he will boycott. Will he change his mind f he doesnt will that back fire . I have no idea what donald trump is going to do, nobody does. All predictions are fraught with peril. This is something that can cut against donald trump or work for him. It depends on what happens on thursday night. And what he has done by boycotting this debate is freeze the field. All of his would be challengers can not directly confront him in as they hoped and planned t is the equal of taking a knee when you have a lead in the follows in the fourth quarter. Thats what he is doing. On the flip side if there is an empty podium there or an empty leak turn, it leave as very troubling situation for donald trump if the others start to pile on and point to that empty location at the middle of the stage w this, thats something that can work against him if his challengers are successfully able to develop the narrative that donald trump somehow is afraid of going to the debate. Who stands to gain the most if he is a no show . I think that ted cruz stands to lose the most he is neck and neck with donald trump he will not be able to engage him as he hoped w that bang the case perhaps those who stand the most to gain without him in the stage are marco rubio and jeb bush, the others who may have been cut out at least this way he will on the democratic side, Hillary Clinton is pressing for another debate before the New Hampshire primary and what is the strategy. And Bernie Sanders has the moment equipment. The prevailing thought was that the lack of debate would work in Hillary Clintons favor, that does not appear to be the case. She is interested in having another one. The question is, will there be an unsanctioned debates. If there is, it may be up to Bernie Sanders at this point whether he wants to participate, at that point it raises questions for other debates down the line. This is a very interesting moving target. One worth watching. You will be reporting from iowa for a number of days, what is your game plan. Well be here a week, well go into the war rooms and voters living rooms, well cover the debate and the results as they come in on monday night. Traversing the state and meeting voters and a special, special money, power, politics that will kick offer saturday at 5 30. We will join you starting tomorrow morning throughout the stay here in iowa through monday night. Thank you, craig. Travel safely. Thank you. St. Pete police are investigating an accident a tractortrailer that was turning on to 38th efficient when a car ran into it and the car was wedged under, crushed there. The truck dragged it a short distance. The driver of the car died. No one in the tractortrailer was hurt. Police are not sure if the fog or the roads played a role in the crash. Man taken to the hospital after a crash committed suicide in the er. Deputies were at bay front health for an unrelated case. A nurse started screaming. They tried to safe william selfinflicted gunshot wound. You know the gasparilla parade is having swashbuckling fun but Serious Business for First Responders with all the people to look out for. They are taking steps to make sure they are safe. And aaron mesmer is live in tampa, show us the resources that the paramedics will ride around on. Reporter for people coming out here with all the pirates there will be paramedics on bikes. This is the first for a parade. The police and rescue teamed up to for the First Assessment Stabilization Team or fast for short t is made up of 16 paramedics who will have access to bikes with emt equipment. This is going to allow them to get to medical emergencies quicker than they have. It could take a long time to weave through the massive crowd. They have been training for this for weeks and the childrens and tampa fire rescue said this is going to make large events even safer. What you have are limited ways of access in and out f we found someone in the crowd and has a medical emergency or a traumatic injury, us being on bikes reduces the same it will take to get there. And this will help keep in better and more meet contact with dispatchers. With dispatchers. This is the new normal for events like gasparilla, they are going to be standard procedure for large events like other parades, art shows and races. Were live in tampa. A man accused of a elaborate grow house operation made a court appearance. He kept more than 200 marijuana a value of 320,000. And he stole more than 8000 in electricity to keep the operation going. He is being held on 24,000 bond. Florida Public Schools may get to use different standardized tests. A senate panel voted for a bill to give the option of changing from the assessment to alternative tests like the sat or act for yearly tests. But the education commissioner questions the proposal saying that the College Admission tests are not aligned to floridas standards. Look at this, in and out in 15 seconds. A robber made off with thousands in pain medication. Who is responsible that left the pharmacy owner stunned. Thats at 5 30. Trees up rooted, cars overturned. The damage left behind from a we have gotten rain here but bit of damage from aered tornado from a tornado in broward county. It caused a mess in coconut creek. And Vanessa Medina shows us the damage. It is ripping out here. Reporter you can see the strength of the storm, cell phone video capturing the whoa holy bleep . Reporter it picks up more sending toys flying and debris is airborne, we heard howling the rain was coming down. It started just after 9 30 a. M. On wednesday morning. The windows almost started like breaking it was dark. We heard bangs and booms and we heard the cars on top of each other, it was flipping cars, parkway. Reporter causing problems, flipping a tractortrailer and thats not all. Were investigating at this time two crashes northbound and four southbound, one included a overturned box truck and car. The white car was southbound, she said it was lifting her car sending her into the northbound lanes. It tore roofs off the buildings and one more across the damage. The crews start to clean up. Never seen anything like this thats for sure. Van seas medina reporting from broward county. That did a lot of damage like what we saw in sarasota and manatee. Not good to be standing bay glass window. Not good. Thats all the recommendation number one, rule number one, stay away from the windows get a room of your house a pantry, bathroom something that does not el nino winters and the tornado goes up in the state. For us, that weather was south of us, take a look outside now, where, yeah, it is kind of damp and a cloudy damp day, the heaviest rain fell overnight. How fast the systems move. That rain at 5 00 last night was barely visible. I showed you a batch of rain down by cuba. That moved over the state and has moved east of us the heavy stuff has. Thats how fast it is all moving from southwest to northeast. Cloudy and damp on the camera. And lots of low cloud as dark afternoon and we still have persistent rain and the gauge in fort myers. Most they had in january and theyre still more rain coming up with them tonight and tomorrow. Very heavy rain for our friends and venice, not much, tampa bay north light rain around tampa from sarasota and the yellow heavy rain. If you watch us you have got a wet couple of hours on the way. And lurking to the west and southwest breaks in the rain off shore but there is additional rain bands along i75 to naples. And now to clear things up and we have the front going by which is here when that happens around midday tomorrow thats it. Were done. When the winds will shift and a drier and cooler weather moves in for at least a couple of days. As i said a couple of times the weekend is outstanding. Rain fall tallies for january. Tampa missed the rain but still you know were double the average at 4. 92. On record approaching the fifth which is 6. 3. And the wettest january on record. Check that out 10. 74 inches of rain that is a wet july for them, bringing significant amounts and in the winter time. You look at the cloud mass. The clouds extend well to the southwest of us beyond the scope of the radar there is more rain lurking back here. This will ride ahead of the front. I think we see additional rounds tonight and some around tomorrow the threat of the Severe Weather is minimal. There could be a gusty storm, very small chance of a tornado f that were to happen, that would be south tornado. If that were to fan, that would be south. Deal with a fast jet stream and dynamics. Bands of rain. Here is another one tomorrow. But it does show, this you can trust, that by later in the day by this time tomorrow by friday at 5 a. M. We should say, a gusty northwest wind and the air mass is drying up so friday, saturday and sunday will all be good with lots of sunshine. Just a general thunder storm area and marge ideal risk of storms south of tampa bay. That will continue during the day on thursday. Temperatures right now holding in the 60s. The moisture is up significantly and dew points in the mid60s a couple of days ago we had dew points in the teens and 20s and really just an air mass out of canada. Thats gone away. Now an air mass in the caribbean thats over us. It is slowly moving by. The front accelerates to the southeast. They will shift and the rain is done for a couple of nice days. Periods of rain. Storms south of tampa bay. In the mid60s it will be wet. Any rain should end by midtolate afternoon. Were about 68 for a high. On friday sunshine and pleasantly cool and a nice day. Winds will shift. Light chop on the bay. Next tide is a low 250eud. We get through tonight and tomorrow after that it looks good. There are signs of very cold air during the second half of next week. Well talk about that in the days ahead. Kelly. Thank you, paul. For years Police Departments have received surplus military equipment to make sure officers have better equipment than the bad guys. But now the Police Departments tonight at 6 00, why the government wants to take back the military gear and what some Police Agencies are giving up. Beads are part of the fun of gasparilla but are the plastic strands a hazard to our environment . Youll see what people are doing to make sure they do not end up in the bay. Thats ahead at 6 00. Being a snow bird is the best thing that could have happened to us. Collecting, jewelry, food and entertainment. Three things are certain in florida thee things are certain, sun, sand and snow birds. Our friends from the north come from canada and mike bennett said a convention caters just to them. My favorite thing about being in florida is escaping the cold weather. The sun no snow. Good morning. Thousands flock to the Sunshine State every year when winter comes out. N 33. G 49. Here in lakeland the snow Bird Association looks to help those making florida the seasonal home by putting on the snow birth extravaganza. The 22nd year in lakeland. Thats a show we put on free of charge. They are down here. A paste of a taste of home. It features food, clothing and entertainment t is an opportunity for the vendors to come here and sell their wares. There is a lot of information they dont know, people are good at telling us how to do and what to do and how to go about it, they get a chance to feel like a true floridian. And it is rough, they show up 35,000. They may spend less. They will come regardless of the performance. Being a snow bird is the best thing that could have happened to us. Live from lakeland. All young people should take into consideration retiring first we have so much fun. Mike bennett fox 13 news. Thank you for that, mike. A Tarpon Springs man is floridas newest millionaire. He won 3 million in a scratch off game and listen to this instead of taking it he chose to 120,000. He purchased his Winning Ticket at spartan auto repair south in Tarpon Springs. And a School Principal made the ultimate sacrifice. She saved two students from a bus but could not save herself. I just could not believe it. A pharmacy owner stunned after a robber swiped 50,000 of pain medication but the video will see why he was in and out within seconds. This robber he wanted. And where to get it. This is Surveillance Footage and this is footage from a pharmacy in sarasota the boxes were full of a painkiller. Deputies caught the man and as Kimberly Kuizon reports he was no stranger to the pharmacy. Sun pharmacy in sarasota is where you will find bob patel. He opened the pharmacy six years ago. When you need it, let us know. It is his life and his patients mean everything. I dont want to push the pills i want to make a difference in someones life. On tuesday around 4 a. M. He got a call from the sheriffs office, someone had busted in his front door. When i heard about that someone broke in, it was hard to believe. I saw it i said why would they do that. He found someone who stolen 12 boxes of doses of a highly addictive spray. I was devastated i could not believe it. They turned to footage thats a hoodie running in and running out with the drugs. But the person who doak through here at sun pharmacy was no stranger it was someone bob patel waited on for years. It is obvious from his direction of travel and purpose on the video he knew what he was doing. He didnt take anything else raised a suspicion. When the pharmacist went there he knew. He identified the man as matthew kretchfield. A relative is the only patient using it, my heart goes for them. They have been my patient for more than 3, 4 years so i never doubted or suspected anything like this when they can. He admitted to stealing the drugs and said he was using them for himself, the addiction to the pain medications is damaging to our community, and in this case to this individual. In sarasota county. Kimberly kuizon, fox 13 news. His bond is 13,000. The mayor of flint, michigan said people impacted by the water crisis there should not have to pay for water they cannot use. The tap water was contaminated with too much lead after switching it to the flint river. The mayor and the governor laid out the plans theyre putting in place to help the people of flint. And establish a separate group of experts to work with us on the question of how do we get the water turned back on so it can be safe and clear and what testing should be involved to get to that point. Criticism has been growing over the attorneygenerals investigation into the handling of the water crisis. Some of the attorneys who filed a suit on behalf of the people are now calling on the governor and agencies to release emails in relation to flints water. A sad story here, people gathered for a prayer vigil to remember a heroic elementary cool teacher in indianapolis. Thats when the principal sue jordan pushed kids out of the way. The bus hit and killed her. Injureed were two students. Police say the driver of the bus show nod signs of impairment. They are srepgting why it lost control. And a helicopter crashes and lands in the intersection. It lost power and had no choice but to make an emergency landing. It tipped over after landing. The pilot and passenger were okay. Th