i'll fight this tooth and nail because i know the charges are rubbish. immigration patrols and traffic stops affected a lot of families. >> one man who was caught up is reacting. >> derek staal is live at headquarters. >> reporter: good evening, this all started with a class action civil rights tonight a key witness in that case tells me learning that sheriff arpaio will face at least one criminal charge, at least a misdemeanor, is partly a relief and very bittersweet. >> justice is not swift but american citizen with justice is alive and well. >> are daniel magos has never he earned citizenship in is the 67. his patriotism was [ inaudible ] in the 009 when he and his wife were beth pulled over by a sheriff's deputy. >> he was coming in the opposite direction. when he passed he turned around and turned on his lights, his siren and came after us. it was destinyly just because of the color of our >> reporter: daniel's testimony helped to prove that they were racially profiling the latinos. >> she's up there now and i'm doing this for her now. i build this memorial for my wife. >> are ava magos died from cancer this past january. two weeks before she died she made a prediction. >> we're going to get arpaio. end for arpaio. >> reporter: and daniel magos is now hoping that federal prosecutors will file an obstruction of justice charge against the charge and that would be a felony. >> reporter: taxpayers going to be on the hook to defend the sheriff from the charges and what happens if he's ic minutes. >> thank you. arpaio's opponent reacted today. >> he tells us no one is above the law. >> the sheriff, for too long, has made the office about protecting himself and not the community. everyone is going to hold him to the standard. >> this is the second time paul sheriff arpaio. >> there have been many reports done on the sheriff and this contempt of court trial reports can be found on cbs5az.com. >> we are tracking breaking news out of phoenix right now after officers shot a man. amanda joins us live are with the latest. >> reporter: no police officers were injuryed in this but phoenix tell us the extent of the suspect's injuries. you can see a massive police presence. cruiseers up and down van buren as the investigation continues. we do not know exactly what led up to the shooting. phoenix police are not ready to provide the details. witnesses are telling us they heard what sounded like a gun battle. they said a man was shooting at yet. we did see the police helicopter with their spotlight on. they were circle the immediate area for some time as if they were looking for someone or something. we are working to get you additional information. van buren between 35th street and 38th street are closed. officers are asking that you avoid this area. >> amanda, thank you. r you the vigil underway to remember the three young men who died in a street racing crash. they were speeding down central when hey lost control. thale were between 17 and 22 years old. speed and not wearing seat belts appeared to be major factors in the crash. >> reporter: we looking at a kidnapping or a hoax? that's what the phoenix police are trying to figure out. witnesses in this area say they actually heard someone yell for help inside the trunk of this white vehicle. the trunk closes and you saw the car just speeds off. i didn't think it was real. nothing ever happens around this community. now everybody tells everybody what's happening around here. >> if you saw anything or have any information in this neighborhood that can help call police. >> a 50-year-old man was killed when his suv crashed into this concrete wall. tonight police are investigating what caused the accident. repairs are almost complete. this monday hundreds of glendale students will be back in their original schools. the challenger middle and landmark campuses were closed three weeks ago when cracks the district spent more than $2 million making repairs. a woman who police say started a fire in a valley neighborhood is talking to us from jail. >> alexis and saul were caught on camera walking away from 85th drive and indian school where the fire happened. the couch was located in the yard of the home and it was set on fire. lighter and piece of paper as they walked by the old couch. >> i know i could have hurt someone bad. if we would've saw flames or anything we would've called 911 but we didn't see anything when we left. >> reporter: she admitted to being drunk at the time. . >> answers tonight on how many arizonians registered to vote before last night's deadline. almost 120,000 new voters registered in the last three weeks. the biggest increase were votes who did not select a party at 51,000. >> a federal judge has denied two requests by democrats t allows them to collect and return early ballots. >> a police k9 made a big drug bust. two people from texas were arrested near ash fork after 38 pounds of marijuana and 10 pounds of thc laced cookies and candies were found in their truck. traffic violation. >> a nice evening after a warm day today. all over social media, pictures of the ballpark today. it will last for a month here in the valley. everybody is talking about tim tebow, tebow mania taking place here. head on out to the ballpark. we hit a high today of 97 degrees, 6 degrees above average. right now very comfortable at 81 de. humidity at 22%. clear skies and get used to it. we'll continue to see clear conditions thru the rest of the work week and the weekend. tomorrow morning we'll see clear sky, temperatures around the upper 630s. a few clouds will start to push off towards the east at 6:00 in the evening. plenty of sunshine in the forecast and temperatures well above average. temperatures dropping down to around 36-degrees in flagstaff and 52 in peson. mid 930s for wednesday, lower 930s on thursday. we'll stay above average thru the upcoming weekend and into next weekment we'll see the sunshine stick around. politically? you know, it should have a major impact into the election. >> he made his bed and now it's ti now that sheriff joe arpaio is facing charges, what does that mean for his re-election? >> and who foots the bill for his defense. >> hackers who got into yahoo's database is doing damage to at&t customers. it's turned into a big hassle. >> some may have yahoo mail accounts and not realize it. future fans and nike is giving away some for free. . cbs 5 news with sean mclaughlin and kris pickle. >> this is his issue that he dug himself in and he has to dig out of it. >> county leaders put the brakes on paying for sheriff joe arpaio's legal defense. that's one arpaio faces as he tries to keep his job this fall and stay out of jail next year. morgan lowe has more. >> reporter: news of today's criminal contempt charges may help him raise money from supporters but won't help with >> politically, you know it should have a major impact into the election but this is that odd year. this is that odd year that everything is turned upside down. >> reporter: even if the sheriff is reelected he faces an expensive trial early next year. the legal bills could top $1 million and this time around he won't be able to rely on taxpayers. county supervise sign of rains say they won't foot the bill. if arpaio is convicd six months in jail but moye nat automatically be removed from office because this is a misdemeanor charge. what could be a charge is if the prosecutors pursue obstruction of justice charges which could happen. >> it would be a felony. >> reporter: a felony trial would cost the sheriff millions of dollars to defend and if removed from office. >> meanwhile, a race in the justice system is going to be front and center as the justices look into what's being said during jury deliberations. for more than 200 years what jurors discuss behind closed doors stay secret. rodriguez was convicted of groping two girls in 2010 and now he's back in court on how the decision. >> one of the jurors entered extreme racist bias saying "mexican men do what they want". >> the attorneys say that afforded him a right to a fair trial. they should stay protected and that should not be admissible in evidence. they're expected to issue a ruling by spring. may have more implications. wyatt grosveror hoo recently reveal thad hackers got information on a half billion users but now some at&t customers are having trouble with their passwords and's because they're connected to the yahoo acounts. now the perk is not so great for customers. >> i could change the at&t password but that di affect the yahoo password. >> for people to not be able to change their passwords right away is dangerous. >> some at&t customers may have an aplease count linked to their phone and not know. if you are affected contact at&t. they have a six step process to unlink the acounts. >> samsung is now just ending production of the new note 7 phones are catching fire. >> if you still have one samsung is telling you, right now, to turn it off. it's too dangerous to leave on and return it immediately. the problem started about seven weeks ago when the battery fires started being reported. >> >>: we thought it was a specific battery from a battery supplies but these replacement batteries are from a different supplies. it's expected to cost samsung over $17 billion. th exchange for other products. >> it kickoff now in about 2-b 4 hours. local and national designers and retailers will bring their spring ideas right here to the valley. >> one local company is making quite a splash at this year's event. ashlee demartino temps us more. >> reporter: state forty eight started a year ago in their garage. and a show room.. they credit some of the success to phoenix fashion week. >> we bought a hundred shirts and started selling to our friends. >> reporter: back in 2013, they please went to phoenix fashion week with a design and a dream. >> that's one of the things they could help us with, the business. >> are they had three days of seminars community. >> talking to retailer, suggested retail prices to tell them, wholesale priceing. >> phoenix fashion week is the om one that i know that focuses on the educational. >> reporter: audrey lopez is teaching at this year's event. >> helping an individual brand, a new emergeing designer or a loger take their brises to the next level. >> reporter: they get to come foundations like pat tillman and bruce arians. they hope to inspire the next gen of dreamers. >> it's not going to be easy. we've had sleep less nights and it's stressful but that's when you know you're doing something right and you're on the right path. >> mission to mars today. president obama says for mankind to make the next giant leap. >> that leap is headed towards the red planet but nasa won't be the main way we'll get there. the president says private companies like space x will be asked to help get humans to mars. this is video they releaseed last please month for the planed mission to the planet. the president hopes to have the 2030. >> nike raffling off back to the future sneakers. 89 correlates to back to the future part ii's 1989 release date. you can donate $10 to the michael j. fox parkinson's research. that ends tonight and they go on sale next mont. great sheriff paul babeu was headmaster at desisto school in massachusetts. a boarding school rife with abuse. because none of this was found. except these records show the state found it, students and parents testified about it, and a judge ordered it to stop. the cornering, the sheeting, i didn't know how to live and function as a normal human being. i'll end with that, thank you so much. dccc is responsible for the content of this advertising. sexual assault and rape. out-of-control corrections officers arrested. ty attorney bill montgomery, some people are above the law, making us all less safe. there's a better choice -- diego rodriguez, a career prosecutor who believes in tough sentences for violent crime and equal justice under the law. vote for diego rodriguez. . how about another round of some beautiful pictures? the news choper up early this morning giveing these great shots of downtown phoenix at sunrise. thank you bruce, cruise the valley this morning for wake up arizona that you can catch here on cbs 5. ian, when he forecast the weather in cooler temperatures. clear conditions expected all week. sunrise at around 6:30 and we'll see temperatures into the upper 630s. 68 degrees for a low. mid 830s at noon, high in the 930s and looks like we'll stay that way all week. . >> all right, after playing on thursday night the cardinals work tomorrow. they're getting their quarterback back. carson palmer has been cleared to return. he got his bell rung ten days ago against the rams. it's been a tough year for manny wilkins. his replacement, brady white, got hurt and out for the year. looks like wilkins will return colorado. zane gonzalez had a stong night against ucla connecting on all three fieldgoals. he also broke the fds record for made physician. he's at 89 and today named pac- 12 special teams player of the week. >> after being here four years, it's a great percentage. >> marcus ball also had a great game. he had a career nine solo tackles and an intersection as the devils held the bruins. today he was named the conference's defensive meher of the week. >> just trying to retrain my focus to safety, safety, safety. it's not always about getting big hits like i do like to hit. >> turning to baseball, the dodgers blow a 3-run lead against the giants. utley knocks in the winning run. the dodgers win 6-5 to force a decideing fifth game on thursday. the giants orioles blew a three- run lead giving up four runs in the 9th to the cubs. the final and winning run here, to the nlcs. game one is saturday night at wrigley field. >> the coyotes announced their roster today, just 4 days before the season. they're keeping five rookie on the roster. three of the guys on the team were born in the same year that shane done philadelphia flyers n you should never abuse people's trust. unfortunately, today too many politicians either serve their party or themselves, and arizona families suffer. the arizona republic called paul babeu a disgrace. babeu spent $28,000 of taxpayer money at a five-star resort and was questioned by the fbi for using public money to promote himself. o'halleran: i'm tom o'halleran, and i approve this message, because you deserve leaders you can trust. you think denny's new pancakes are onor well denny's new pancakes don't obey the laws of time. look at them, they don't even obey the laws of gravity. denny's all-new fluffier, tastier, better pancakes. if you've been diagnosed with lung cancer, explore your treatment options with a team of specialists focused on the disease. we have all of the specialists involved in a seamless fashion so we can discuss cases. whether we talk about chemotherapies, immunotherapies, or even clinical trials... we have tremendous technologies that allow us to treat patients in a very accurate fashion. it's the essence of the lung cancer center. surround yourself with our team of experts at cancer treatment centers of america in phoenix. one of only six hospitals in the country to be recognized by the joint commission for lung cancer care. because treating cancer isn't one thing we do, it's the only thing we do. the treatment of lung cancer has evolved tremendously. where we have a well orchestrated team... to help patients be treated well. the evolution of cancer care is here. learn more at cancercenter.com/phoenix . good afternoon, i'm heidi. tracking tomorrow's tropics for you. we do have a continuation of about yesterday. lanes reduceed on the i-10 westbound at miller road. this will impact you coming in from out there. this goes from so until 5:00 in the morning. give yourself some extra time as the traffic will have to merge together. join me in the morning for traffic updates. >> yeah, when you wake up in temperature. we'll wake up tomorrow morning and temperatures drop into the upper 60s, a high in the 90s. temperatures will stay comfortable or at least above average. not bad. at least we're not pushing triple digits. >> have a great night. 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 and dea task force agent of the year. paul penzone caught murderers, put drug kingpins behind bars, and created award-winning programs that protect our community. paul penzone... >> stephen: hi. >> can't go in. >> stephen: i just want to say hello to flotus. i brought her a lotus. >> flotus is on the phone with potus. >> stephen: she'll want to see me. >> that's what she got us. >> stephen: i want to see flotus, and you can quote us. >> i'ma kick you in the scrotus. >> stephen: i'm going to get your name, okay? you're on notice. >> it's otis. >> it's "the late show with stephen colbert." tonight, stephen welcomes first lady michelle obama. and america ferrera. featuring jon batiste and stay human. and now, from the ed sullivan

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