Thought he was on a different part of the track. But they tried to build the case he needed to be held responsible. But the judge agreed with the defendants that what occurred was more likely an accident rather than a crime. This was an accident. The prosecutor was asked would the state refile criminal charg charges. That is up to people above me. And we did hear just a few minutes earlier from mr. Grace a spokesperson from the Attorney Generals Office and the ag office is reviewing the judges decision and look at the notes of testimony and their own prosecutal responsibilities. And its safe to say no decision is made at least announced publically if they are refile charges again the engineer. Live in center city. John rawlins, channel 6 action news. Thank you. Well continue to follow this developing story all evening long at 6abc. Com. Right now the latest from the courthouse following the judges sudden decision and photos and videos from the crash and investigation. Turning now to the aftermath of Hurricane Irma. As more federal help arrives in florida. Millions are without power but National Guard members have touched down to assist in the recovery. Marcy gonzales is in naples where the nar estimates the damage in his city at 100 million. The start to this literal long road to recovery in the florida keys covered in sand and seaweed lined with shipwrecked boats. Many returning finding the utter destruction they feared. Neighborhoods flattened and businesses badly damaged and no cell phone service, electricity or running water. Its like everyone just tipped everything over. You pray everyone is alive. The caribbean coping with worse. On saint martin catching a glimpse of the catastrophe. Everything is broken down. We need water and food. Its not maybe, its for sure. Water and food. We dont have that. Some americans rescued from the islands now stranded in florida. Airports here finally starting to function and flights selling out fast. Everything is selling out fast. We tried to book it and it would be gone. Parts of the Sunshine State recovering and flooding hitting jacksonville. In communities, more than 100 people rescued from fast rising water overnight. I have been here 47 years and i have never seen the water this how. Never. And parts of florida not dealing with damage there are long lines of gas and 4 Million People here are still without power. Channel 6 action news. Marcy thank you. We learned President Trump will travel to florida on thursday and the white house says he plans to visit the u. S. Virgin islands that were severely damaged during Hurricane Irma. No specific edales are released about either of the visit but the president made two visits to texas after Hurricane Harvey tore through that area. Police are warning storm victims in florida to be extra vigilant and that scam artists are preying on vulnerable victims. And that utility workers should not have to enter homes now. And that two men stole 13,000 worth of jewelry saying they were checking switches to restore power. Real crews would never need to do that. There is not much left of irma but the impacts will affect our weather over the next day or so. Adam joseph has the forecast. Get the umbrellas ready . On and off rain. Can you not call this irma anymore. Its just low pressure that is spinning in very little to do with any tropical moisture at this point. It is completely ripped apart to showers in parts of the virginias and carolinas and Tennessee Valley and the actual area of low pressure is on the board of mississippi and alabama and that continues to weaken as it doesnt have moisture source anymore. As you can see. Looking like showers will enter from the south and hitting a wall and falling apart and really high to midlevel clouds at this point. Eventually well moisten up the upper levels enough that drops will reach the ground. As we look at what to expect locally. More clouds than sunshine and scattered showers and a rumble of thunder especially on thursday. As the area low, that weak low does drift through. Rainfall a. 25 to. 50 inch. And this is some of of the remnant moisture of what was irma. But the biggest change is the humidity it will be noticeably more humid for the rest of the week. The dew points are in the 40s and 50s for several days now. That is off the scale, very comfortable. But we are back 66 tomorrow and 63 thursday and 64 friday and saturday. That is on the humid side. Well chat about the upcoming weekend as well. Let you know if this unsettled period continue into your saturday and sunday in just a little bit. Did you. The need for help will continue for quite sometime for the victims of Hurricane Irma and harvey. Abc is joining other Television Networks to put on a major they will thon. Beyonce and Blake Shelton are joining many others. The benefit is tonight here on 6 abc at 8 00. Turning to other news, people have identified the man that tried to rescue his wife from a fire in wilmington. Archie monroe died running back into the home. He thought his wife, donna, was trapped inside but already escaped by jumping out a second floor window, vernon odom has more coming up at 4 30. Philadelphia police are searching for the person that opened fire killing a man in the frankford section of the city. The shooting happened in the middle of the day and near a number of businesses. Action News Reporter bob brooks is live at the scene along the 5100 block of frank ford avenue. What is the latest . Alicia such a tragedy, this victim 24 years old his life cut short out in the open. It happened just across the street from where we are standing. Im told all times of the day especially 11 00 a. M. There are people out here. Broad daylight. The location 51st and frankford avenue. Plenty of businesses open and plenty of foot traffic. This is where a 24yearold man was shot and killed in the middle of it all. Next thing you know, everybody heard shots. This woman did not want her name identified. It was her car stuck inside of the crime scene, the victim fell on her car after being shot. It was covered in blood. Last week her boyfriend was assaulted nearby. He has a cast here to here. She and several others say that this neighborhood is spiraling out of control. Its a real sin you cant walk anywhere in frankford. The victim was shot once and transported to the hospital and pronounced dead after. Neighbors are hopeful that this can all change after Something Like that happens. No word on who the victim is and word or any suspect. Bob brooks, channel 6 action news. Okay, bob thank you. A man is facing attempted homicide charges for allegedly firing his gun near homes in bucks county. Gun fire erupted in falls township. And that the shooter opened fire in the penn mobile park. One crossed the street and hit a trailer near a group of children waiting for the bus and 10 bullet home holes were found in the crossing building and the suspect was arrested after a Family Member tackled him. Investigators say that the man is being arraigned this afternoon. And they have not yet released his name. Tuesday afternoon lets get a check of our action news traffic report. Lets go to matt pellman. Reporter already plenty of traffic troubles. Along belmar, ambulance heading to the crash in the southbound lanes of 42 by the creek road on ramp. A fire truck has already arrived and an nj truck as well. They have the left side of 42 southbound blocked off and everybody is seeing to the right as they head to 55 and already the traffic is stacking up quickly off the walt whitman bridge southbound through creek road and 42. Well keep watching it and keep you posted as the hours progress. We started the afternoon with a crash on the westbound schuylkill at south street. That is gone now and speeds in the mid20s. And lets check this situation, a medical emergency 95 northbound, a Police Officer here a minute ago and now he left. Just the vehicle left on the shoulder. Hopefully everybody is okay. 95 northbound by the ben franklin bridge and the vine street expressway a spot we normally would be busy in. Farther north on 95 in bucks county. Construction again today taking out one of the two lanes around newtown. And in landsdale. The water main break from this morning along south broad street. Church road is one possible alternate. Lets check your ipad and check the waze home. Our good friend snooki. Telling us about the crash by the quarry center. That is in the process of clearing out. Well check it again in the next half hour. Nice to hear from snooki. She is the best. A family says that the boy scouts should be possible for their sons death many the lawsuit they just filed. Apple Just Announced the newest iphone and it will cost you 1,000. Well take a look at the few features though that were unveiled when action news comes right back. Doctor. Doctor. I played a doctor on tv, but now im helping save lives for real. Starting with my own. Im partnering with Cigna Healthspring to remind everyone how important Preventive Care is for people my age. See anything, doctor . Looks great, doctor. And with Cigna Healthspring medicare advantage, you get a team of doctors overseeing your health. Most Preventive Services are covered. So go, know, and take control of your health. Oh. Use mine, doctor. Cigna healthspring. Together, all the way. A group of u. S. Lawmakers spend the day on how to improve u. S. Sanctions against north korea. They tried to pressure the country into giving up the nuclear ambitions. Members say they are committed to addressing the threat to the United States and allies. U. S. Ambassador to the u. N. Nikki haley says they are the strongest ever. But President Trump says they are not strong enough. It was nice to get a 150 vote but those sanctions are nothing compared to what will ultimately have to happen. Later today the president will concentrate on tax reform and scheduled to discuss plans during dinner with a Bipartisan Group of senators, including pennsylvania senator, pat toomey. A man is pleaded guilty to murdering two sisters 40 years ago in maryland. Lloyd welch jr. Was sentence to two 48 year prison terms. They disappeared from a Shopping Mall in march of 1975. Prosecutors have also named other members of Lloyds Family as persons of interest but have not yet charged anyone else in the case. Grieving parentses are blaming the boy scouts for their 15yearold sons death. Reed died during a tough hike in the texas heat. Where temperatures were over 100 degrees his parents say the hike was very aggressive. And that the beginner backpacking course was suppose to begin with two days of training. It was his last task before becoming an eagle scout. You dont typically see a 15yearold boy falling dead from a hike. The question is whether this hike was too rigorous for reed . Or whether the boy scouts knew what his physical condition was or had him on this hike on the first place . This is one question that the boy scouts will have to answer. In respond to boy scouts say they are keeping the family in their thoughts and prayers and their statement goes on to say that scouts safety is of paramount importance. Here is the closing numbers for your tuesday afternoon. Another positive day on wall street. All three indexes are up and the dow up 61 points and change and s p 500 up almost 8. 5. But first tech news apple unveiled not one but three new iphones at the california headquarters, one will cover the you about a grand. At the key note event in cupertino, we got a look at the 8, the 8 plus and the much anticipated iphone x. That is retailing for 999 the iphone x as in 10 features wireless charge, called air power, just place the phone on a charging pad. About this iphone 10, this is the big one a nod for the 10 Year Anniversary the biggest leap forward since the original iphone debuted 10 years ago. Full hd support and a feature called ana emoji. Extraordinary Depth Technology to let you unlock your phone. We call this face i. D. It maps the unique geometry of your face with 30,000 invisible dots. Did you get that . Your face unlocks your phone, the latest apple watch is unveiled and the siri 3 has built in cellular and music and the apple tv streaming device can now show video with sharper 4 k resolution. And that 999 price tag for the iphone 10 is a new threshold for any smart phone, it has glass on both sides and call it the most durable yet. Well see what my toddler says about that. Would you pay that much . 999 . We live on our phones now. I have to live in my phone to pay that much. It has the whole face thing. Think its pretty cool. Time now to talk about the forecast. Adam joseph is here. I just toned out all that. Im a droid boy. He still uses walky talkie. Sometimes its good to be removed from it. The humidity and heat we are under the last few days that is changing here. We head to the weather center, the big green man taking over my weather center. The phillies are back in town for a stretch. Playing the Miami Marlins tonight and if you are headed to the game looking good and the clouds are thickening up and we are not looking at rainfall and winds light out of the southwest 2 to 4 Miles Per Hour. And 76 at 7 00 in the evening with just some patchy clouds and those clouds continue to overtake the sky by 10 00 tonight and it stays dry with your temperature at 70. The humidity stays low this evening and starts to bump up into the latter part of the overnight hours. Right now 78 in philadelphia and allentown and reading and trenton. 76 millville. And cooler down to the south, a little bit of that southerly wind off the water. Temperatures there only in the lower 70s. What was irma is now just an area of clouds and a couple of showers here and there through the carolinas and ohio valley and the Tennessee Valley. Its completely for the most part rained itself out. And still a bit of a spin just to the west of atlanta, that that has to rotate eventually and it brings us scattered showers and a few downpours and a crack of of thunder is possible on thursday. For tonight clouds take over and a couple of showers by dawn. Upper 50s for trenton and allentown and lancaster. 62 wilmington and millville. And 64 in cape may. 8 00 tomorrow morning again a couple of patchy showers here and there. And not a washout and you may have to use the windshield wiper in the morning rush tomorrow. As we get into the afternoon hours, pretty much the same the clouds dominate with a hit or miss shower or quick downpour passing through. And as we still talk about the tropics, hurricane jose is trying to hold on, winds down to 75 Miles Per Hour. Its a category two yesterday and category one hurricane right now. No definitive eye. And good news with the latest models it sits there and twirls around itself for the next couple of days but next week the trend is to push it between the midatlantic and bermuda and head out to sea. The four day at 4 00, 77 tomorrow and a few showers at times. Stays humid on thursday, with a shower or evening a thunderstorm. At 80 degrees and drier here on friday with pops of sun and could be a scattered shower of 81 and then warm and muggy saturday, and take out the chance for a shower at 82 degrees. Let you know if this summer feeling continues with the rest of the seven day. All right. Quick break. Fios is not cable. Were a 100 fiber optic network. And with the new fios gigabit connection. You get our fastest. Internet ever. With download speeds up to 940 megs 20 times faster than most people have. Switch to fios gigabit connection with tv and phone for 79. 99 a month online for the first year. Plus hbo for one year and multiroom dvr service for two years, all with a twoyear agreement. And switching has never been easier. Get out of your contract with up to a 500 credit to help cover your early termination fee. Go to fiosgigabit. Com dad,i got it dad. Ar. Thanks. Alright, youre all set. Youre welcome. Play oldies. Nice dad freerange chickens. Organic freerange chickens, nongmo, 100 vegetarian fed raised with no antibiotics ever we should post this. Perdue. Raising more organic chickens than anyone in america. Hashtag organic. Hashtag happy. Hashtag. Well, all the hashtags well, getting from home to class is a short trip for the Community College of philadelphia students. Officials broke ground this morning on the hamilton. A 600 apartment high rise coming to 15th and hamilton a few minutes from campus and the site includes retail space. The hamilton is slated to open in the spring and the Radnor Property Group is partnering with ccp to make it a reality. A new preschool program is up and running, the saint simon and reed school introduced their explorer program. The archdiocese welcomed 37 children and 84,000 in donations helped to get the program up and running. Golfing for a cure. Today 240 golfers teed off in new jersey to help raise money for a cure spg 47. Its a newly recognized genetic disorder that resembles Cerebral Palsy and only three confirmed cases in the United States including the daughter of kevin duffy. Today the golf club held a tournament to push for funds for the must needed research for it. We are well aware that we wont attract the Big Companies that want to come in because of the population or location. To be able to host an event like this gives us hope to find research and cure. It included a dinner and raffle prizes. Great to see this tamly stepping up this way. That is a great cause. Much more ahead. And for lunch, try one of our new burgers. Like the bbq bacon burger. You cant fake steak. Health, is having the freedom to do what you want to do with your life, every single day. So at aetna, we promise to keep finding new ways to join you so nothing gets in your way. Because no matter where it is youre going, or whatever stage of life