Immigration patrols. Reporter this is a bombshell here. This was just a preliminary hearing and then we come to find out the prosecutors will move forward with criminal charges against Sheriff Joe Arpaio. Another bombshell, a trial date has been set for december 6. You can look forward to many delays and push backs of that date. It is now on the docket. What was decided in this hearing was se one issue and breaks it into two. In one, Sheriff Joe Arpaio would be the sole defendant against one charge of violating a judges order here. Criminal contempt for violating a judges preliminary order. In the order it was to stop racial profiling, discrimination and civil Rights Violations within the department. The charge alleges that not only did they not do that, but sheriff new they were doing it and encouraged it. Knowing that it was happening that would alleviate the other three people here, chief deputy sheridan, captain. Bailey, defense attorney [indiscernible] from that issue. We still have on the table here, criminal contempt for concealment of hard drives and nearly 1500 identifying documents. In that, all four people would be charged including Sheriff Joe Arpaio. A couple of things have happened here the government has tipp month of jail time if this was to move forward. If Sheriff Joe Arpaio was convicted of criminal content. Were looking at a sixmonth, that puts it in the category of misdemeanor, not felony. It also would preclude Sheriff Joe Arpaio from getting a jury trial. Now we know the government is looking for a bench trial. They want a judge to decide. Arpaio lawyers is making it clear they want a jury trial. Ahead, i think we lost audio but the story is still developing and we will continue to cover it. A man in a wheelchair is rushed to the hospital overnight in Critical Condition after getting hit by a car. This happened near 19th avenue. And dunlap. The main in the wheelchair was in the crosswalk but was going against the light. The driver stated the scene and is cooperating. They do not believe speed or impairment are factors in accident. We find out that noon yesterday we told you about the missing girl in the west valley, and policeman were searching the dumpster at that time at her apartment complex. It looked bleak at that time, but a short time later we get the news everyone was hoping for. Eightyearold was found safe, she was spotted at a nearby complex after several people recognized her. Reporter i said, this is the i feel good about this. Its a good thing that her family is going to reunite together. Detectives are following up with the girl and her family to find out exactly what she was doing during the time she was missing. Two people are facing charges accused of setting a neighbors property on fire. Two Police Officers noticed black smoke while out on patrol on sunday. When they got to the area of 85th dr. In Indian School they found a fire inching closer to a house there. After the flames were put out the homeowners showed police for Security System and officers say Alexis Parente and howl were caught on camera walking with that fire started. Re max im lucky it didnt get into the house. That side, i just built my second story and that would have one up a lot. They admitted to setting the fire and going back to sleep because she had been drinking. He didnt try to stop her, both a mass batman is on the run after he robbed a store. Here is surveillance pictures of that, but his switch to a life of crime did it go smoothly. It happened at university and country club drive. The masked suspect showed a gun to the cashier who started crying and was too afraid to open the register. The suspect ran off only taking some food and drinks, probably not the plan if you recognize him somehow, please police. Donald trump is continuing his war on Republican Party leadership after House Speaker paul ryan said he will no longer support him. This is happening as Hillary Clinton opens up a doubledigit lead in the polls against trump. 3 reporter donald trump is now taking on the republican establishment. In a tweet this morning, the gop nominee called house ineffective leader. On monday ryan dropped his support for a trump presidency, saying he is focused entirely on protecting republican majorities in congress. The Republican Party is in a full scale broad gauge meltdown. Spec ryan is trying to minimize the damage. The only thing he hasnt done his will on endorsed. He is worried about the 35 to 40 who support donald trump. In pennsylvania last night, trump accused the election system of being rigged. We have to make sure that this and is not taken away from us. Hillary clinton is dealing with more leaked emails today. So far they are not having an effect on her campaign. The latest poll taken before sundays debate has clinton up 11 points over trump in a four way race. She says she is the only thing standing between americans and what she calls the apocalypse. The only way to rebuke this is twofold. Use the single most important citizens of america. Spec clinton is imported today to talk Climate Change with former democratic nominee al gore. , kane and and kirkpatrick say they are one and only debate last night. The candidates touched on a number of topics in the hourlong debate. It didnt take long before the focus can do to john mccains previous support of donald trump kane said that remarks made about him were forgivable but when this last tape surfaced, mccain said that was enough for him. Reporter when mr. Trump attacks women and that means the women in our nation and in our society, that is a point where i have to part company. Its not pleasant for me to renounce the nominee of my party, he won the nomination fair and square. This is, i have daughters. I have friends, i have so many they cannot be degraded and demeaned in that fashion. I believe that i had to withdraw my support just as i cannot support Hillary Clinton in turn, mccain went after and kirkpatrick support of Hillary Clinton. Mccain called clinton a liar saying she wasnt truthful about her email scandal and would really happened in the [ null ]. Willing to take back her support of clinton and kirkpatrick said, every single investigation including benghazi found clinton not to do anything wrong. My heart goes out to the families that lost loved ones in benghazi. There were at least seven congressional investigations and they all came to the same conclusion. There was no wrongdoing. The majority leader of the house, Kevin Mccarthy actually said the only did that for political reasons to embarrass things done in the senate. Of patrick said she feels it is time for a change. The plot thickens. We can all agree on the weather. Some of us can. Spec how would you vote when it comes to whether . I would vote against 100 degrees and we are not there. I think i will make that happen here. A nice shot of last time i said i will pay you a dollar if you can find a cloud, i forgot the tillmans name, but he said i will limit dollar because he saw a cloud. Did you get an address . Come to the station. No clouds today, im not going to bet on it but it doesnt look like clouds out there. Pretty clear situation as well, looking over downtown phoenix. The South Mountain on your left there in the estrella mountains doppler weightier, 12 08 pm we are clear. Statewide from page down to tucson, all the way to lake have a sioux city. If you want rain you will have to go north over to utah or colorado. Not a whole lot going on in phoenix or arizona. At board. Chandler 92, clean creek and 90, Apache Junction 94 degrees, statewide the war areas are on the west side of the state. 91 lake have a sioux city, and bullhead city. 79 in sedona, and feeling great in flagstaff and show low, 70 degrees in show low. The day looks like this, downtown, 91 degrees. Will take it up to 96, still a warm evening around 90 degrees at 6 pm. We have some changes that are going to impact the weather. Ill tell you when those arrive and what they will do. Flooding is bad in north if the dam gets way, things could get a lot worse. Plus what started as just a Big Inconvenience for samsung has turned into a fullfledged disaster for the company. Its flagship phone up in smoke. And grab your phone later in this newscast. We are giving away tickets to come to bore is it served as a day of atonement in the jewish religion. Tomorrow, jews everywhere will enjoy breaking the day long fast with elaborate meals. Triggering new evacuations in north carolina. Are again matthew killed at least 27 people, and 12 of the people were in north carolina. For rivers in the state have risen to above or near record levels. Reports from the lumber river where rescue teams are at work this afternoon. Reporter today rescuers will go through lumberton to bring stranded people to safety. By error, by truck, and by boat. Kenneth washiw when water began rising through his lumberton home. When you woke up he started seeing water . Yes. What did you think . Time to get out. Washington grabbed his dog when rescuers came for him. Two days after the rain stopped a nearby river overflowed its banks. Water started pouring into the city of 22,000 people. Rescue teams showed up. These rescuers expect to remove roughly 1000 people in lumberton. Many of them are elderly or physically unable to leave on their own. Spec we got clothes, socks, kim intimate the powers used to live in lumberton and came back with donations for their former neighbors. Its worse than we ever thought. This is katrina like. 140 miles north in princeville, the rising tar iv evacuation. Sending more than 200 people into a red cross shelter at a high school. A lot of people are hurting in the region. I met with an 80yearold woman who just lost everything. She is sitting in a School Cafeteria at this point crying. She wonders what life will be about. Lumberton has no power, water or sewer. The river has yet to crest here means that curfew could be in place for another two weeks. Sansone Just Announced this morning it will stop making the galaxy note 7 phones forever. Samsung says if you have a galaxy note 7 smart phone, turn it off now and return it. These phones including replacements have been, shown to spontaneously ignite. Reporter initially we thought it was a battery from a specific battery supplier but these replacement phones have batteries from a different supplier that obviously the issue is somewhere else. On monday the faa pulled Airline Passengers should not use or charge note 7s or even stow them in luggage after a smoking phone for stuff like to be evacuated last week. Analyst estimate the hot could cost 17 billion. Theres a the dow is down 229 points. Not good. It sitting at 18,000. If you buy from amazon this Holiday Season theres a good chance or packages will come from the Postal Service will ups. They might just come from some dude in a car. Some dude. The online retailer Just Launched amazon flex last year. This is going to work like uber. This private drivers using their own cars will deliver your packages. Dont shoot them. Directions better than some uber drivers. Who are you . Lets hope it all goes smoothly. Or that is another company that will be on the news for screw ups. Lets take a look at a beautiful picture. Courtesy of Patrick Ernie in casagrande. A nice sunset picture there. He said this to our facebook page. Cats, you name it. We use the cbs five az. Take a look outside, we are seeing clear skies out there throughout phoenix. It will be very nice for the next few days but it is going to be a little warm out there, so keep that in mind. That something we will t1. All in all, the weather isnt too bad. With the big picture we are definitely clear. All of the rain and to the north. Unfortunately we wont see any of that. There is a system over in the pacific. That will change our weather as we get going into thursday. Its not going to be significant change as we get the clock rolling on future cast. All of the activity stays to the north and a little tip here. I cant in the jet stream will knocker temperatures down a few degrees but its really not we will go from 94 degrees down to 92 degrees. We are in the low 90s, 91 and have a zoo, 6090 grand canyon, how about 79 in sedona. 91 in phoenix, not terribly muggy out there as we take a look at highs today. 96 degrees which is above normal. Normal is 91 degrees. Sevenday, the change i showed you with the week little y wednesday 94, down to 92 on thursday, and they we start to bounce back quickly as we get going into friday, saturday and sunday. Were hanging on out there. Have you been to hawaii . You look really 10. If youre on facebook, or twitter, its probably almost in the car, in the front of a car. Ill tell you the story coming up next. Heres a look at the Sexual Assault and rape. Outofcontrol Corrections Officers arrested. But not one served a day of time. Sweetheart deals, because, with county attorney bill montgomery, some people are above the law, er prosecutor who believes in tough sentences for Violent Crime and equal justice under the law. Vote for diego rodriguez. A county attorney for us all. Start dialing. Were giving away two tickets to see a long island medium thursday, november 10 at comerica theater. The number is on the screen. The fifth caller winds. Luck to you. You been there before, driving along when a bird swoops right in front of your car. In this case, it probably or in your case wasnt a bald eagle. Heres the story you have to someone was driving between gainesville and jacksonville around the time Hurricane Matthew was blowing through. This eagle apparently became disoriented and flu really low right across the highway in got lodged right in the grill of this car. A driver headed in the opposite direction saw it happen. She had to chase the driver down to tell him that he had an eagle in his grill. Somehow it wasnt seriously hurt and is now at a wildlife rehab center. Rod stewart is now sir rights to her take it very much. If you prefer, it Roderick David stewart. The singer was knighted by Prince William in Buckingham Palace this morning. He was honored for his services to music in charity. The university of arizona unveiled a new basketball uniforms for the season, but the standard red blue and white versions all have this gradient look on the top and bottom. What you think . The best of things. Consensus seems to be that arizona took some classic looking uniforms and replace them with really ugly board shorts. Tell us what you think. Still to come, ian will have your last look at the forecast coming up. Heres a look what at whats james p. Walsh to keep our Community Safe we need a sheriff who will put fighting Violent Crime ahead of his own political agenda. Paul penzone has been a decorated crimefighter for over 20 years. A police officer, undercover investigator, and dea Task Force Agent of the year. Paul penzone caught murderers, put drug kingpins behind bars, and created awardwinning programs that protect our community. Paul penzone. A new sheriff who will put our safety first. The sky is a little, a little bit of hayes out there but tons of sunshine. Above normal temperatures. 96 for the high today. 92 for thursday, but then we are back at it for the weekend. Midshipman 90s, normal is 91. By the end of october are highs are in the upper 70s. Its coming. No rain drops inside. Oh well. Thanks for choosing cbs5 news. The Makeup Artist who accused donald trump of groping . Wyatt wouldnt have believed it myself if i hadnt overheard it. You, steffy, carter, conspiring against what eric actually wanted. Tell her, ridge. You dont have your fathers power of attorney. Ridge now, you more than anyone, knows the repercussions of all of this, right . Quinn is this true . Wyatt yeah. Youre in charge. Of eric, the company, pretty much everything forrester