Neyden tavares was hit. I look over and there is a baby in the street. John the baby lay motionless in the street. His parents rushing to his side. They ran back and the dead coming in, i do not know if it was the dad, one of the guys who picked up the baby. I saw him moving, i shaky. John the driver was clearly distraught standing in the road, helpless. He had his hand on his head shaking. He was looking at the baby. What could he really do at that point . John police said there is no evidence he was texting while driving. They say it appears it was a tragic accident. The Investigation Continues as maria new charges and revelations in the terror bombings in new york city and jersey. What we are learning now. Shaun he is not cooperating but investigators have a mountain of evidence. Arrested in a hail of gunfireal bullet pierced handwritten journal. This criminal complaint, a motive becomes clear. He wrote you continue your slaughter against the mujahedin. In the journal the words pipe bomb and Pressure Cooker bomb. The bomb making ingredients were bought online since june. He is fingerprints were found on devices in new york and new jersey. Terrorist but later recanted he called his son eight terrorist but recanted. Authorities now digging into his travels. Long trips to pakistan and afghanistan. A relative xfone contained a video of him exploding a device in the family backyard just two days before the bombing. That journal ends with this. God willing the sounds of the bombs will be heard in the streets, gunshots to your police, death to your media. 31 people were injured in that chelsea explosion. The officers shot our home recovering. Ed the Boston Police officer in the red jersey cleared of wrongdoing of a confrontation caught on camera. Another video that shows the story. Number of witnesses and the big him. Everyone told a different story from what you see in the video. This is the cell phone video that went viral, an offduty Boston Police officer confronting a much older man. He tackled him and shoved his head into the ground. Ben but Boston Police say it didnt happen that way there was no Excessive Force police s b he wasnt violently tackled, he wasnt slammed to the ground and his hair wasnt pulled. And we have plenty of people who back that up. Ben police say this surveillance camera at the corner of boylston and arlington proves it thats gurin running, officer barrett in red not far behind. Gurin trips and falls on his own police say. The commissioner says barrett chased gurin because he thought gurin broke his car window with an umbrella as gurin crossed arlington against the light. He believed his window was smashed which in massachusetts is willful destruction of ben officer barrets window was never broken so gurin was let go. He is now being represnted by the aclu. He was in fear and is older and was being chased down the street and is running because a person was chasing him. And fell because a person was chasing him. And was injured because a person was chasing him. Ben the commissioner says the officer should have contacted a supervisor after this confrontation, so he will face some discipline for that infraction. But the commissioner says Everything Else was appropriate. Boston skyline on a tuesday night, the final days of summer, and still on the warmer side. Harvey summer will go out like summer. It has been a hot summer and it will go out warm. We see the rain down the coast and were concerned about sometimes it comes up the coast. One thing that could affect some of you early tomorrow morning. A mile and three quarters in plymouth. A mile and three quarters in orange. Many other areas around 10 miles. Be aware that early tomorrow morning may be driving in and out of pockets of groundhog but it is a mild overnight. Dropping to the upper 60s. We climb after that. These were the high temperatures. 84 in syracuse. All these 80s, even 93 in st. Louis and what will be ours but we will talk about the start of fall and when it will start to feel like fall coming up in a few minutes. Ed tonight, police arent sure if the man who they opened fire on at Foxwoods Casino in connecticut died from a bullet or from falling off the 4th floor of the parking garage. They do know that there was an outstanding warrant for the man. They say when they confronted him at the casino this morning he pulled a gun and he was shot by an officer. Throwing out a mans conviction because the justices say police used racial profiling. Police tell a different story. New at 11, mary saladna is live in roxbury with what happens now. Mary the justices are urging other judges to take racial profiling into account when deciding on future cases. If police are out of bounds. The case stemmed from a police chase in roxbury nearly five years ago. Boston Police Arrested a man named jimmy warren based on a vague description. While looking he was a black man in roxbury. That was essentially all the that matched the description. Mary when police initially spotted warren, he ran, officers chased after him, and eventually arrested him on an unrelated charge of illegal gun possession. But today the state Supreme Judicial Court unanimously ruled, running from police does not necessarily make someone a suspect saying, such an individual, might just as easily be motivated by the desire to avoid the recurring indignity of being i am a little disappointed that they relied heavily on a report that did not take into context who was stopped and why. Mary Police Commissioner bill evans said that aclu report was biased. But rev. William dickerson points out perception is reality on the streets, and in the end, accountability is never a bad thing. Dr. King said one day we will not be judged by the color of our character. He really meant that. I think that is that is possible for our city, state, and nation to see that but in many regards we do not see it happening. We are forced to deal with this evidence and dealing with each other is a good thing. Mary a recent poll by wcvb and the Boston Foundation found that 65 of African Americans in boston have a favorable view of police but it also found that nearly a third think Boston Police treat ed commitment 2016, more backlash over donald trump juniors tweet comparing refugees to poison candy. The tweet suggests allowing Syrian Refugees into the country is as risky as eating a bowl of skittles where some are poisoned. The company that makes skittles says its inappropriate to compare people to candy. The photographer who took that skittles is a refugee himself and hes not happy. And democrats, including congressman joe kennedy, are pouncing. Outrageous. Insulting. Against the very nature of what our country is for. He should apologize. Ed trumps running mate mike pence says the real focus should be on stopping dangerous people from coming into the u. S. Former president george h. W. Bush will vote for hillary a small crowd at a reception in kennebunkport, maine last night that he plans to Cross Party Lines and vote for clinton. Maria no chips, and no tags on two dogs left tied to a tree in the Arnold Arboretum in jamaica plain. Animal control needs your help finding their owner. Kennel staff named the dogs shellie and shelby. They were abandoned saturday. Its illegal to abandon an animal but animal control says the goal isnt to punish the owner, its to find out what happened and offer help if possible. The dogs are healthy but one has a paw problem. She had abrasions on the bottom of her pop head. Something that would be consistent from scolding from hot pavement. Maria call bostons 311 hotline if you have information about the dogs. The legacy of the officer killed honor all First Responders. Maria the law that the state expect you to break. Harvey how long this warmth which is moving in will last. Maria see what happened when geor wednesday on the eye, were focusing on soup loan debt. The humidity drops but not the systems, when it will feel like fall. Ed a u2 spy lane crashed during a Training Mission in northern california. The plane went down just 15 minutes after taking off from an air base north of sacramento. Both pilots ejected from the plane. Investigators will look into whether their parachutes failed and why the plane went down. Elizabeth warren taking on the ceo of wells fargo on capital hill. Warren accused john stumpf of gutless leadership in the wake of the revalation that workers were creating fake accounts to help meet sales goals. Stumpf took responsibility for the scandal and apologized publicly, but that was not enough for warren. I am deeply sorry that we failed to fulfill on our you should give back the money you took when the scam was going on and you should be criminally investigated. Maria the department of justice is investigating wells fargo and has issued subpoenas connected to this scandal. Ed new tonight, honoring the legacy of the mit Police Officer killed by the marathon bombers. The family of sean collier on a national mission. And you can help. Newscenter 5s Jorge Quiroga talked to them tonight hes live on boylston street. Honor shone by spearheading the effort to create a National Holiday honoring First Responders like the ones here and across the country. They put their lives on the line every day. Police, firefighters, emts, call 911 and they are there. Boston emt, ashley wrenn, believes a day to honor all First Responders is long it does not change how we do our job. Jorge 26yearold sean collier, on duty as an mit Police Officer, days after the marathon bombings, did not make it home. His family appealing congress to create a national First Responders day. We have seen the other side of what happens. It is important for us to have other people understand that it truly is a sacrifice. Jorge colliers younger brother works for nascar. Effort coast coast. The restaurant in saugus tonight offering First Responders free meals. There are 240,000,911 calls every year. There is 355 days in the year. We could carve out one to give back to them like they deserve. Jorge they are not asking for a paid holiday. Just a day of gratitude, all of their own. Ework holidays, nights, we work are stays, we miss jorge the effort hoping to gather a million signatures on a petition, before sean colliers brother andrew and congressman Michael Capuano reintroduce the bill to congress on september 28. Maria the split rocking hollywood, tonight brad and angelina are calling it quits. Angelina jolie has filed for divorce from her husband of two years, citing irreconcilable differences. The actors were partners for over a decade and have six children together. And if the news surprised you dont feel bad. Reporters caught up with pitt Pal George Clooney tonight and even he didnt know. Mr. Clooney. I feel very sorry. This is a story about a family. I feel very sorry to hear that. This is the first i have heard of it. Maria brad pitt issued a statement today, saying the wellbeing of his kids is what matters most. Jolie is petitioning for custody of the kids and requesting pitt ed when you vote this november dont take a selfie in the voting booth, its illegal. But tonight the state says youll probably get away with it anyway. Secretary of state William Galvin admitting theres no way to enforce the states law against taking a picture with your ballot. He says while he discourages it he cant stop it. A similar law in New Hampshire which carried a 1000 fine for violators is currently being challenged in court. You can importantly, vote. Harvey i wanted to share this with you. We had another one of those beautiful skies toward during and just after sunset. We did time lapse it. Just in case you missed it. Beautiful pinks showing up. Year. Today in boston we hit 75. It was warmer to the west. A bit of a sea breeze. That is above average. We still have a serious drought situation going on. The rainfall that occurred that was somewhat beneficial in some areas more so than others. Mr. Chopped an inch and a half off their deficit. Austins deficit remained the same. It did not get the heavy boston did not get any rain. The dew point is high and humidity is high. It feels like a summer night in most places. 60s and low 70s around the area at this time. A uniform temperature. There will be pockets of dense fog early tomorrow especially in southeastern mass and cape cod. See the drier air, it has reached the berkshires. That will move in during the day tomorrow. It will feel the break in the humidity even though it will be a warm day and it will be a sunny day and a Great Outdoors debt that. See how the at that. See how the humidity drops to make it more comfortable. Temperatures where the air is dried out will be in the 50s by early tomorrow morning at in eastern mass it willin were in the 70s and 80s. In the midwest all those 80s and 93 in st. Louis, that is ours for the next couple of days. Tomorrow and thursday. But for highs around 80 through 85. Maybe a degree or two cooler around the cape. We are on the edge of the high, thin clouds more to the south and they are to the north. There may be some clouds near but the sun will shine through. Couple of days. That is why the weather will he nice. That is when we finish summer with summerlike temperatures. Fall begins thursday on a warm note. We can see the clear skies taking us through thursday. That is important. Friday we get some clouds and here and maybe a couple of showers passing through friday or friday night. Much chillier air arrives overnight friday and it will feel like fall. It will be 74 the start of the patriots game thursday night and then dropping through or into the 60s during the course of the game. Very mild and nice. Pollen count in the moderate range for the next couple of days. That should be lower because of showers on friday. A couple of tropical storms, four days from now. Lisa way out in the atlantic. It does not look like it will get close to any landmass. Days. Notice the difference in temperatures over the weekend compared to tomorrow and thursday. Later friday and friday night there will be this transition to chilly weather. Even frost in a few spots over the weekend. A change from what we have now. Ed at usc this fall, the big man on campus, is actually a dog. Ed there is a new top dog at the university of southern california. Maria it really is a dog. The adorable staff member helping students relieve stress and anxiety. Beau is the countrys first fulltime faculty dog. The 2yearold Golden Doodle has feel better. Lowering cortisol levels and thereby decreasing stress and also increasing the feelgood hormones like oxytocin. s job is to help you to become. I feel like this. Understands me. Maria studies show interacting with a dog can go a long way in destressing humans. Alumni donations pay for beaus expenses, like his food and . With simply right checking from santander bank, just make one deposit, withdrawal, transfer, or payment each month to waive the monthly fee. And theres no minimum balance. Youre alright with simply right checking from santander bank. What is driving performance . Its not a weekend hobby. You have to live and breathe it for 50 years. Its the sound. And the fury. Its letting it all hang out there, and its hanging on for dear life. That is what amg driving performance means. And this is where it lives. Mike david ortiz has done it again and ive worn out my thesaurus with superlatives. Another home run, three more runs batted in. He is going out in style hes sinatra, he has done it his way. Season. The other four are jacoby and another guy. Onenothing. Jackie bradley, junior. It is his 26th of the year. David ortiz is being heckled by a fan. He says i just flew out and missed the home run i that much. Next time he does not miss it at the rest way to muzzle a heckler is to hit one out of the ballpark. I did not miss that one, did i . He hit more home runs in his final season than any player in major league history. Orioles fall five back. Jimmy garoppolo was on the field as a limited participant at patriots practice today after the media was dismissed, so practicing. Im told today the medical staff has a good handle on his Recovery Period and when hell be able raise his arm over his head and to throw the football well enough to play. As of right now Jacoby Brissette is the starting quarterback. He ran the offense at practice. At his press conference this morning there was the usual question from a reporter, trying to draw some attention while drawing the ire of the coach. I am a football coach, not a doctor. They do not call plays. I do not works out good. A great deal there. Works out good. I feel it is best for the team. Let me put it a different way. I am a coach. I do what is best for the football team. I do not know why you cannot understand that. Mike loud and clear, coach. Gronk came out in full pads. He has not played all year. All he wants to do is play. Put me in, coach. I have not done full pads in a while. I felt like i want to get used to it. Full pads is different. It weighs more weight than having nothing on. That is part of the training process but obviously i was not allowed to wear them. I had to take them off so no big you want to get the feel of your dicky from hollywood its Jimmy Kimmel Live tonight Denzel Washington from speechless, Minnie Driver and music from usher. And now, by the power vested in me heres jimmy kimmel [ cheers and applause ] . Jimmy hi, there. Im jimmy, im the host of the show. Thanks for watching. Thanks for coming. Thats very kind. Ill say something. There are a lot of important and