Hour over a curve. Eight people are killed. The engineer Brendan Bostian is charged with involuntary manslaughter. Today the judge ruled there wasnt enough evidence to send bostian to trial. He dismissed all charges. Said bostians lawyer, today there was justice. Tuesday night the big story is the dropping of all charges in the case of the deadly amtrak train derailment. Live outside the Justice Center is dann cuellar. You have the full story. Thats right, jim. It was a that took many by surprise except Brendan Bostians lawyers. From the beginning they have maintained his innocence in this tragedy. Everyone came to the same conclusion. This was not a crime. Bostian was at the controls of amtrak 288 when it crashed may 18. The commonwealth called First Responders and a rail expert to testify that bostian was criminally negative. The defense passed back citing finding about a wrong attack, its possible he mistakenly accelerated to a curve of 156 Miles Per Hour in a 56 Miles Per Hour zone. The judge ruled it was an accident more than a crime. This was never a crime. This was an accident. The Attorney Generals Office isris reviewing the ruling and deciding what it will do going forward. The jacobs family is sorely disappointed with the ruling today. They are hopeful and put their trust and faith in the Attorney Generals Office to file the correct appeal and move this forward. Former congressman pat murphey was onboard the train that fateful night. It was a tragedy. It was an accident. I think it gives some of us a sense of closure. It will never change the fact that eight people lost their lives on the train that night. Now Attorney Tom Kline points out that presently the only legal action in play right now is a lawsuit bostian himself brought against amtrak. Bostian alleges they fail today provide a safe Work Environment when the train was hit by a projectile minutes before the crash. A pedestrian hit by a driver tonight at 8 00. He is being treated at christiana hospital. State troopers dont have a reliable description of the striking vehicle and ask witnesses to come forward. It was a somber gathering at Lafayette College as students came together to honor a classmate. Mccrea williams suffered a head injury sunday afternoon and died in the hospital yesterday. Police are investigating if alcohol was a factor in the freshmans death. Falls Township Police have the man they say fired ten shots at an Office Complex in no, no norrisville. Annie, tense moments today. Jim, thats right. Gunshots rang out in the neighborhood. Look behind me, those are the holes left behind bichotte gun slugs hitting the building. Kids were outside waiting for a bus at a bus stop. Luckily, no one was hurt. Jimmy stormen is in prison tonight. It was here that he used a 12 gauge shotgun to shoot into the management office. Police say he knew the intended targets were in the corner of the building. They were exiting behind the building, traveling across old 13 striking trailers on the other side of the street. Jane ran toward the building when she heard the initial shots. They tried to warn a man they saw, not realizing he was the shooter. We said do go in there, we heard gunshots. He proceeded to do what he did. While neighbors called 911, stormen pumped more shots into the building. Then he returned to his home in the mobile home park. We believe he was anticipating suicide by cop. He had a handgun, alcohol and a bible. He left a notice on the door of the office. It was part of an ongoing dispute with management. Neighbors that know him were left stunned tonight. I know he recently lost his job. That put him under stress and his mother got sick. I dont know if that all built up and he snapped . Jim, tonight, the District Attorney has approved a list of charges against the suspect including attempted homicide and aggravated assault. Reporting live in falls township, back to you. We had two Bank Robberies half hour apart and police are trying to determine if they are connected. The first 3 35 in west philadelphia. The bandit wore a pinstriped brown suit and claimed to have a gun and bomb but didnt show them. Just before 4 00, a man with the same description and m. O. Held up the Prudential Savings Bank on south broad street. Fortunately, no one was hurt. There are parts of florida where life is inching back to normal. Airports are reopening, cruise ships stuck out to sea are coming into port. 9. 5 million fl floridians are without power. The irma death toll is up to 13. Four people died in South Carolina and two in georgia. Half of st. Martin is owned by france. The president is there bringing muchneeded food and supplies. As skies cleared, it was apparent that the florida keys was decimated. 25 of homes are gone and 70 are damaged. They have no cell tower, no electricity and no gas. Near miami there are Evacuations Ordered hoping to avoid a tragedy. More than ten airmen in from 512th departed to Homestead Air reserve base a military staging area for irma relief. The victims of hurricanes harvey and irma need a great deal of help. Tonight a one hour telethon billed as hand in hand aired on channel6 and simultaneously across the country. We all need somebody to lean on Stevie Wonder and oprah lent their star power. If you want to donate, we have a link on our website, 6abc. Com. Some will affect the atmosphere starting tomorrow. Cecily tynan is tracking it all with a first look at accuweather. Cecily . Irma is now a remnant. Its lost tropical characteristic, not much wind with it. You can see the circulation is broad. We dont have a concentrated amount of rain. Its starting to increase the dewpoint, philadelphia 68degrees. As the warm front continues lifting it to the north, we have a tropical air mass so the humidity is higher. Future tracker showing showers breaking out. Its a situation where the next couple of days have us stuck with on and off showers. I have the latest on hurricane jose in the forecast. Jim . Thank you, cecily. Neighbors and friends are calling it a true tragedy. A wilmington man ran back into his Burning House believing his wife was in the burning home. Archie monroe never made it back out. Donna remains hospitalized in critical condition. A mother has been arrested in connection with the deadly drugs discovered in the parking lot of her childs elementary school. 29yearold Dollinda Williams dropped her child off last week and dropped two dozen bags of fentanyl. She was arrested today and released on 25,000 bail. The chief said in his opinion that was too lenient. The entire school was put at risk, especially children. If one of those children at five years of age had opened that package and the fentanyl got into the air, who knows what could have happened. Williams has been charged with possession and wreckless endangerment. A new piece of art work has gone up next to the art rizzo statue. The temporary art display outside the Municipal Services building stands 8 tall and ways 800pounds. The pick was placed there to highlight ideas related to community, perseverance and resistence to oppression. Medical experts recommend Cancer Screening depending on whether you are over or under 30. Well show you the tricks apple has up its sleeve to convince you to spend a thousand dollars on their new product. Meteorologist cecily tynan returns with a sevenday outlook from accuweather. Ducis rogers has plans for a new place kicker. That and more when action news continues. Sfx tmobile mnemonic sfx tmobile mnemonic sfx tmobile mnemonic tmobiles unlimited now includes netflix on us. Thats right, netflix on us. Get four unlimited lines for just forty bucks each. Taxes and fees included. And now, netflix included. So go ahead, binge on us. Another reason why tmobile is americas best unlimited network. Sfx tmobile mnemonic Trump Administration will allow its refugee ban. The court is scheduled to hear arguments october 10th on the legality of the bans of travelers from six mostly muslim countries, but bear in mind the 90 day ban ends late september. The department of justice says it will not bring charges against the Six Baltimore Police officers involved in the arrest of freddy gray. Grays death kicked off months of protests after his neck was broken in the back of a police van. The baltimore state attorney is dropping the remaining cases. This is the day apple lovers have been waiting for. This is the day they have unveiled products like i iwatch and apple tv. Today is about the apple iphone and there are changes. Christie ileto has the big review. Its not just one but three apple phones that apple has unveiled. The Game Changing one has state of the art features and severe sticker shock of a thousand dollars. Calling it the future of the smart phone, the iphone 10 has a price tag almost comical until you hear what its armed with. The most durable glass design ever. E moaj jis, Wireless Charging and facial recognition. The new phone bound to become a status symbol for those sporting the hottest technology. We have one more thing apple also unveiled an iphone 8 and 8 plus slightly more affordable than the ten. It has motion censors for aps that use augmented reality. They improve on everything we love about iphone. Also a new smart watch equipped for making phone calls and streaming music, a big leap forward for the tech company celebrating its tenth anniversary. The big question is, will the iphone 10 live up to the hype . You can get the iphone 10 preordered late october and the iphone 8 and 8 plus will be available september. Christie ileto, action news wphl17. New guidelines for cervical Cancer Screening based on a womans age. The Task Force Recommends women in their 20s get a pap test every three years. Women 30 or older would choose the standard check up or the newer hpv test every five years. Regular screening has cut Cervical Cancer rates in half over the last ten years. Todays Draft Guidelines mist be finalized and adopted. Love was in the air. Thats the scientific explanation for the swarms of bugs spotted throughout the valley last night. Conditions were ripe for the insect mating ritual. It turns out they were not gnats after all. This is the time of year a certain species of flying ants likes to breed. Experts say it had nothing to do with the hurricane. Male ants die a few days after they are done so the swarms shouldnt last much longer. When a male ant says i would die to go out with that female he means it literally. Lets move on to talk about the weather. Lets go live on sky 6, looking at the center city skyline, mostly cloudy skies out there. Thin sirius clouds earlier tonight. I put a call out asking people to take photos of the sunset. Mike from doyles town didnt disappoint. There are colors of orange and red, beautiful sun set, the sun setting 7 14. With the clouds thickening, that means the busstop forecast not as cool as the last few mornings. Suburb, 66 for center city. Best chance, south of philadelphia and the day planner showing, temperatures will be similar to today. Upper 70s, but the humidity levels are higher. It feels quite a bit warmer. This is thanks to what is left of irma. Double scan showing a few light stringent wills across south jersey. It takes a while for the column of air to saturate. It will be overnight before we see showers developing. Temperatures mild. Cape may 69 and allentown and reading 61. The big picture, whats left of irma dying out over the tennessee valley. The tropical moisture is moving in, in fits and spurts. 8 00 in the morning, lots of clouds, muggy, showers southwest of philadelphia, not a wash out by any stretch of the imagination. Well see shower showers develo, staying in the pattern thursday into friday. Hurricane jose is a category one hurricane. Its no threat to land. It should do a loop to loop and head out to sea between the u. S. Coast and bermuda. Looks like no way jose is hitting the u. S. Humid tomorrow. Lots of clouds, a few showers in the morning. 77, thursday, 80degrees with a chance of thunderstorms with low pressure that used to be irma riding over us. Chance of shower, 81degrees. Skies brighten over the weekend. Sunday, partly sunny, 83. Monday and tuesday, quiet weather, temperatures in the upper 70s and dry. Jose is headed out to sea. Something ill continue to watch are updates on action news. Thank you, cecily. This is a special night for some of the greatest in the philadelphia area. A select group of Police Officers and firefighters were honored at an honor held at the liberty museum. These are the officers that received rewards. We congratulate them, thank them. Each received the honor by remarkable acts of heroism. Peace on the water ministries hosted a free night out on the 1,600 block of old york road. Neighbors sat down with civic leaderers and police and had a meal and discussed what each can do to strengthen their neighborhood. Mom, i just saved a lot of money on my Car Insurance by switching to geico. I should take a closer look at geico. You know, geico can help you save money on your Homeowners Insurance too . Great geico can help insure our mountain chalet how long have we been sawing this log . Um, one hundred and fourteen years. Man i thought my arm would be a lot more jacked by now. Im not even sure this is real wood. Theres no butter in this churn. Do my tris look okay . Take a closer look at geico. Great savings. And a whole lot more. 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 sponsored by ph fios. Extra inning drama for the phillies and marlies. After being away from home the last two weeks or so, phillies are back in town and bring a crazy game. Rhys hoskins connects on the 50th homer of the season. Phils down four. 76 in the ninth. Knocks in one to tie the game. Hernandez comes around third base to score the winning run. Safe, game over. But wait. They review the play. Hernandez is called out. The two teams are brought back to the field. Thats a solo shot. Marlins retake the lead, 87. Bottom half, hoskins again, 100 Miles Per Hour fast ball, second of the game, 16th of the year, 32 big league games, game tied at eight. We are still tied at eight in the 13 h 13th inning. Cleveland wins its 20th in a row. One game in and the eagles have a new kicker. Caleb sturgess on injured reserve. They assigned rooky jake elliot. The birds visit kansas city sunday. As defensive coordinator jim schwartz points out, the chiefs have new weapons. They have a lot of talent across the board. If you want to spend too much attention on tyrek and ke kelsey running backs all those guys can make plays. You have to be good across the board. Its not just taking one guy out of offense. Still ahead, we check in on temtemple in the night game agat umass. 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 youre in. We believe that when it comes to health. You dont join us. We join you. And we slide whoo nah. Like this. Grab a large or extra large freshly ground, freshly brewed hot coffee for your chance to win. Get your celebration ready. Dunkin donuts. This is coffee. This is winning. Dunkin donuts. This is coffee. To college football, temples record 11. The owls have not looked good. Friday night they host umass. They were beaten by notre dame. As for this game, coach collins is excited about playing underneath the lights. This is probably the first friday night i have played or coached in, in a long time. I think thats cool. Growing up, you want to play High School Football under the friday night lights. We get to go back to that and play friday night. I think it will be cool. Well recap during the play book airing during the 9 30 a. M. Half hour. When brett brown speaks, people listen. A thousand coaches his free clinic tonight. Sixer players were willing to help out. This is the Third Straight year brown held the clinic. Flyers were at the golf invitational. All proceeds benefit the youth hockey foundation. Wayne simmons found himself out there in the what is that . Fescue . Just saying i dont know. Two american astronauts and a russian co cosmo not, blasted of this evening to add to the stations current crew of three. They have been in orbit since july. Jimmy kimmel live live next on channel6 followed by nightline. Action news continues at 4 30. For the entire action news team, im jim gardner. Have a good night tonight. Jimmy kimmel live to like to wish a happy birthday to chainz. From hollywood, its jimmy kimmel live. Tonight, michael keaton, van jones, and music from lone bellow. And now we should also mention, heres jimmy kimmel hi, everybody. Thank you