said she feared for her life but court documents say an expert in police defense tactics say karemer's use of force was not consistent with generally accepted standards. we are told civil attorney jonathan safran will be making a statement..we'll bring you continuing coverage throughout this newscast. new details reveal what police say happened moments before syville smith was shot and killed by milwaukee officer dominque heaggan brown. they're included in an unsealed search warrant we obtained, and outline what police believe led to the now- suspended officer pulling the trigger.cbs 58's amanda devoe is live in the studio with more...amanda this search warrant confirms police accounts that smith pointed a gun at officers moments before he was killed. a few days ago we learned there were drugs, cell phones, and a pistol in the car that smith was in when it was stopped on august 13th.but a newly released warrant tells used to get the warrant, including a description of smith running from police with a gun in his hand.it's important to note - there was at least one other officer besides heaggan - brown...chasing smith at the time.the warrant also says smith fell and then got back to his feet...turned towards the officers while picking up the handgun from the ground... and raised the gun in the direction of the officers. that's when police say heaggan brown shot smith.. these details are ?unrelated? to the suspension of heaggan brown...who yesterday with two counts of sexual assault.any charges connected to sylville smith's >> thank you. stay was it is 58 news as we gather information. watch for updates on air and online. a neighborhood on edge after the investigators were out in force canvassing the neighborhood. >> we are live with the latest. >> i spoke with the man who claims to have found the body. he was searching for aluminum cans. >> a bite was found around 6:30 p.m. thursday night. a man said when he opened the trashcan, he saw a man's body folded in half wearing a pair of boxers. there were rumors of body was missing a head and hands. police say the body was not decapitated. neighbors are wondering if this is somehow connected to two prior incidents. two men were found dead and alley. on june 11, another man's body we asked in pdf cases were connected, and they said they were not releasing more information. >> the victim's name has not been identified. they have not identified a suspect. >> thank you. a judge has scheduled another competency in violation or a milwaukee man charged with triple murder. attorneys challenged and doctors finding they asked for another examination. is charged with three counts of first-degree murder in the shooting death of his neighbors. community activists called the attack a hate crime. the judge appointed the forensic unit to handle the evaluation. the next court date is scheduled for december 9. >> will the weather cooperated clouds filling in. a breezy, northerly wind making for a fall-like today. a look at the cloud cover, streaming in on north, northwest win. cool today as some struggle to reach 50 degrees. we have had a few showers along the lake, but most of that on the other side. we are expecting dry conditions and clouds to clear. temperatures mostly in the upper 40's. 50 in sheboygan. 62 water temperature, not so bad. it is the wind making things feel cooler, so upper 40's, more like mid 40's along the lake. as we continue into the evening, the sky starts to clear out and this is to be the coldest night over the next 7-10 days. beyond this, overnight lows in the 40's. if you're able to escape the frost, you might be lucky if you have outdoor plants. you can expect waking up to 30's, frosty inland, less chilly along the lake. a touch milder sunday. details on that coming up. an emergency shelter in racine now getting the money it needs. >> the county board voted to give $40,000 so can open during the winter. the money will pay for rent for segway incorporated. the shelter will be open from 7:00 p.m. to 7:00 a.m. from november 1 through march 31. the site is at the former lincoln lutheran building. nothing but open arms for brookfield real estate, the latest company wanting to move to downtown milwaukee. the company unveiling plans for a $30 million headquarters that would employ. >> injuries and play: still troubling some fans. the players trying to move ford to the next opponent. >> another injury to another mike mccarthy talked highly of the team's performance against the bears. they gave up three points. they were able to get to takeaways, including that interception. >> are asking him to do. the versatility as important as we move him around. he is a tough matchup. >> tonight, we talk about a guy who almost didn't play yesterday and ended up doing something that no packer has done. >> still to come at 4:00, back on the campaign trail, but hillary and donald shared the former milwaukee archbishop as he plays referee. >> the startling domestic abuse confession for a star kicker. >> we will return with your full ready cast. looking out over miller park. i'm russ feingold and i approve this message. on healthcare, russ feingold will work with both parties to lower premiums and cut health care taxes. i want to do the hard work of improving the system so it works for middle class families. but in washington, senator ron johnson sides with big insurance. voting to make medicare a voucher program, forcing seniors to pay more for prescription drugs, and letting insurance companies deny coverage to cancer patients. >> or art just days to go before voters go to the polls. >> we have some highlights. >> hillary clinton and donald trump had separate ways, campaigning in key battleground es they were together thursday night for a charity dinner that is supposed to include good-natured ribbing. >> this is the first time ever that hillary is sitting down and speaking to major corporate leaders and not getting paid for it. >> donald looks at the statue of liberty and sees a four. maybe a five if she loses the torch and tablet and changes her icy wind jokes took on a personal tone. >> hillary is so corrupt, she got kicked off the watergate commission. >> trump is facing another shakeup in his campaign staff. jim murphy has resigned, is national political director, less than three weeks before election day. >> release of the 2005 billy bush tape. >> we should not tolerate this behavior from any man. >> michelle obama slammed his treatment of women while campaigning in phoenix. >> both of the major party candidates are back on the campaign trail today. hillary clinton has a rally in cleveland. donald trump spoke to voters in north carolina. getting quoted. archbishop dolan shared what the two set of each other. donald trump said to clinton, you are a tough and talented woman. hillary clinton to trump, what ever happens, we need to work together afterwards. >> green party presidential nominee jill stein visiting milwaukee next week at the uw milwaukee union bar room next thursday at 6:30 p.m. one of is in the cancellation of student debt and guaranteeing tuition free higher public education. in the most recent poll, stein captured 3% of support. >> journal entries and e-mails reveal the pregnant domestic abuse of the hounds of josh brown. he said he viewed himself "as a god, basically, and she was my slave." put the giants and the nfl and the spotlight once again. the owners said the team knew about the abuse but kept brown on the roster. the nfl did suspend brown for the opening game of the season. >> he was in counseling for a couple of years and has been diligent about going through counseling and he is making a good-faith effort. >> his former wife alleges more than 20 instances of domestic abuse. the criminal complaint eventually dropped after she decided not to testify. the league has now reopened the investigation. >> more than 50 people hospitalized after a major chemicals bill. two chemicals were mixed together at a sewage plant. a cause reaction that formed a fall over the city. one person is in intensive care. >> an suv took a terrifying plunge off a bridge, but a mother and her children are ok. she was driving down a santonio interstate when she sore to avoid traffic. the suv went over the wall and landed upright in the shallow river. the family was checkout for minor injuries. police say they were wearing seatbelts, and that is what saved their lives. >> another busy october weekend. a live look outside. >> a pennsylvania homeowner he has a giant ouija board on his roof. it's about the size of -- hello. >> somebody should have warned me. i don't know if that is mr. murphy or not. it's about half the size of a basketball court. mr. murphy has spoken with folks in the guinness book of world records about possibly getting into the book. >> recognition. >> rebecca is back after much-deserved time off. i listen to your concerns. she is back. >> by next week monday, that is halloween. the average high and low will be normal for high temperatures on halloween. we have had a wet stretch. we have a little bit of snow, then almost an inch of rain a year prior to that. we made it into the 60's. it looked to be a wet one. this time around, you will have to wait. 52 today. we were cooler than normal. the normal eyes 58. inland locations falling into the 30's once again. from the 18th two the 24th, we frost along the lakeshore. we have temperatures in the 30's tonight. we are back in the 40's for at least the next week. we have some of those clouds moving out once we lose son -- past sunset tonight, then mid 30's inland, but upper 30's along the lake. saturday morning, sunshine, but it will be similar to today, where we see those clouds the land. the 40's, eventually the 50's, so my older tomorrow afternoon. notice we are staying in the 40's. if you are out and about saturday night, mid 40's, probably a few 30's towards daybreak on sunday, but the rest of us in the 40's. how about mid-to-upper 60's with a good deal of sunshine to wrap up the weekend? 38 tonight, partly cloudy, frost 5-10. clouds and sunshine milder, wind to the southwest, warmer for sunday, mid and upper range xts. next week, cold front, but drive. chance of showers tuesday. especially on wednesday, then a leftover shower on thursday. back to the 60's next week friday. we have that halloween forecast which includes more treats versus tricks. i will explain more coming up later on. >> a nightmare on the roads. some hijinks going on. i-43 at brown deer road. a troubled spot eastbound at 84th street, an accident. as we look at the traffic maps to see the current situation, stop and go traffic on the new super merge between sunnyslope road highway 100. as we go to 41-45 southbound, slow down, then the plainfield curve, southside, normal highways the, then congestion through the market interchange. a troubled spot on the bypass, 43-894 at 70's next street. here's your ready drive time, 60 minutes downtown, brown down six, good hope road, eight minutes. >> how one local businesses helping rescue animals in our area. plus, looking for something to do this weekend? we have some ideas. ? tomorrow's the day we'll play something besides video games. every day is a gift especially for people with heart failure. but today there's entresto?- a breakthrough medicine that can help make more tomorrows possible. tomorrow, i want to see teddy bait his first hook. in the largest heart failure study ever, entresto? was proven to help more people stay alive and out of the hospital than a leading heart failure medicine. women who are pregnant must not take entresto?. it can cause harm or death to an unborn baby. don't take entresto? with an ace inhibitor or if you've had angioedema while taking an ace or arb medicine, don't take entresto?. the most serious side effects are angioedema, low blood pressure, kidney problems, or high potassium in your blood. tomorrow, i'm gonna step out with my favorite girl. ask your heart doctor about entresto?. and help make the gift of tomorrow possible. i'm russ feingold and i approve this message. on healthcare, russ feingold will work with both parties to of tomorrow possible. lower premiums and cut health care taxes. so it works for middle class families. but in washington, senator ron johnson sides with big insurance. voting to make medicare a voucher program, forcing seniors to pay more for prescription drugs, and letting insurance companies deny coverage to cancer patients. back to our breaking news...a brown deer police officer charged in a shooting outside of a milwaukee county transit system bus earlier this year. let's get you live to the news conference in downtown 3 3 it's the largest organic urban orchard in the united states... and today -- a ceremonial planting -- to celebrate its su. success...a fruit tree was put in the ground in oak creek... with hopes it'll bear fruit in three years...the event celebrates the unique partnership between the government, non-profits and private businesses.fruit from the "growing power" orchard will be given to schools, the community and hunger task will allen/farmer, founder ceo, 'growing power" power" "we need to start growing food closer to where people live. it doesn't make sense to be shipping food from the state of washington, california, or further away or overseas to feed our populations." the fruit trees were donated by a nursery in st. louis. they've already been planted across eight acres of county land.... "growing power's" facility is 3 3 3 we're looking ahead with visit milwaukee where it's going to be tough to decide how to spend your weekend.kristin settle is here... here...gallery night & day oct. 21 and 22milwaukee art opening this weekend - haunted screens: german cinema in the 1920s gothic milwaukee historical haunted walking tour the rock - the hills have eyes7 if you're looking for something a little scarier, head over to the rock sports complex for one of the 3 we've got much more news and weather headlines...coming weather more news and we've got much we've got much more news and weather the milwaukee man who supplied one of the guns used in the deadly shooting of 5-year-old laylah peterson is going to prison for his role in several unrelated shootings. cbs 58's kyle aevermann was there for the sentencing of divonte ford. judge fredrick rosa called divonte forbes actions reckless behavior. forbes was sentenced on 3 separate charges relating to the incidents in november of 2014, where forbes fired a weapon into a home, and two days later fired into an unoccupied car. fortunately no one was injured in either case. in all, forbes was sentenced to 11 years in prison and 11 ford was sentenced to 11 years in prison. he did rock back and forth at shooting that killed five-year-old laila peterson. he testified against the person shooting -- sentenced in the case. he said the sentencing was externally difficult. >> this is a case that requires prison. >> ford will also have to pay 800 dollars in restitution for cutting off a gps bracelet. >> today's sentencing comes to bring days after a close friend was given a $25,000 reward for information that led to the arrest. and juan buchanan said forrest told him what happened the night of the november 2014 shooting, and he knew he had to ask. key witness. >> the sentencing hearing for all three men scheduled in the next few weeks. new details, charges filed against a kenosha mother accused of keeping a place of prostitution. according to the criminal complaint, paula whitaker said she knew her daughter and ads and selling themselves for sex, but she cannot do anything about it. they said they had been roughly making $5,000 a week between them. >> it is the opening weekend of the high school playoffs level one. what should fans be wearing? >> they should be wearing classic fall a tire. it is cold out there. cold and gray sky, but beautiful fall color. a lot of the northwoods past peak at this time. we are getting close to peak, central portions of the state are around peak too. there is still more color father to the south. some of that color mixing in. will see that peak here in southern wisconsin. gray sky, breezy northerly wind, some sun breaks, but we stage ride. showers closer to the michigan side. we have some sunshine now, but clouds through the day. you can see we are pointing into current temperature with a north wind at seven miles per hour. again, clouds now, but those clear out as we get past sunset. that will take the 30's into the 40's quickly this evening. again, that wind is expected to ease up a little bit. bundle love if you are out and about. temperatures falling back into the upper 30's as we get to 2:00 a.m. locations, but a nice weekend was sunshine and temperatures in the mid to upper 50's for saturday and mid to upper 60's on sunday. i will have details on that part of the forecast and your halloween forecast, coming up. >> we will see you then. have you seen the fall colors yet? chances are, not like this. >> we often get cool, crisp days. this weekend on cbs 58 sunday morning, air, land, water, we showcase lake geneva and its spectacular scenery on foot, by boat, and by balloon. >> you can come to geneva, but it is not a full experience and say you take a boat ride and see it from a different vantage point. >> we 58 sunday morning at 7:00 a.m. we hope you will joining us. is it weird me talking about that? >> mai tai is crooked. -- my tie is crooked. >> the folks from to bring men a natural picking up items and dropping them off. basically anything that will help a dog feel at home. values is to get back to the community, so we are trying to find new ways to implement that. >> the businesses working with 20 different organizations to help the animals. their efforts will benefit paws of waukesha county. workers would drop off the donations on tuesday. >> after the break, another life gone, a faulty the death. it was a quick procedure, the the u-s government says a woman killed in crash last month was the 11th victim of takata's defective airbag inflators. the 50-year-old in california was driving a 2001 honda civic. the air bags can inflate with too much force sending shrapnel into the vehicle. the problem is behind the biggest auto recall in u-s recall notices were sent to the owner, but its records indicate the car was never repaired. wells fargo's fake account scandal may cause the bank to close many of its locations. locations.the company has ?not? announced any wide-scale closures but the crisis may eventually force their hand. wells fargo must pay for legal and compliance fees -- but the once-profitable branches may not garner enough money.last week -- the branch hinted at closures and a renewed focus on mobile and online banking. and...undecided voter ken bone is extending his 15 minutes of fame. bone is partnering with izod -- -- the apparel company behind his now famous red sweater. on a new video to encourage people to vote. sales of the sweater exploded after bone asked a question at the second presidential debate..he had purchased it at a koh's store in wausau in today's health watch, a single mother dies after a visit to her chiropractor.the los angeles coroner says the death was the result of a 34-year-old 'katie may' went in for a neck manipulation to treat a pinched nerve. friends say she was sick afterward and taken to the e-r. the next day may, who worked as a model -- was pronounced brain dead.the coroner calls her death 'accidental' but says it was caused by a tearing of a major artery that carried blood to the brain.now may's family hopes her story will encourage others to think twice. 3 (sot ronald richards /lawyer for katie may estate)this is actually more common people think. that people get over- ad and it causes a stroke and deat. death.(megan mitchell, sister) "you always feel think like this won't happen to my family, this sort of thing won't happen to my family but it did (gets emotional) and there's a huge gaping hole in our family now." a neurosurgeon told c-b-s news neck injuries during a visit to the chiropractor are rare... but can be disabling. the american chiropractic association says the type of injury she may have suffered happens roughly once in every 5-point-85 million for many young athletes -- private coaches are a way to improve their game... but it's not cheap... that is ---- until now... now..."coach up" -- is a new app that connects athletes with personal coaches in more than 30 sports...the service has about 20-thousand trainers across the country...sessions are booked onlines or through the app.coach up charges the athlete a 15-dollar -- one time -- fee and takes a percentage of what the trainer gets. 3 (sot-john kelley/coachup ceo) "we're their back office. we let them do what it is they really want to do, which i with all the administrative hassles, the insurance, the wai" waivers."coaches set their own prices for training...they average about $50 per session... 3 your full readycast with meterologist rebecca schuld is the cbs 58 news at four thirty will be back in just a moment...stay stays chilly with times of clouds and temps only reaching the low 50s. wind: nw 10-15 mph.tonight: a few clouds return. frost expected everywhere. lows 30s lakeside and lower 30s inland. wind: nw -> w 10-15 mph.weekend: some clouds to start saturday morning before sunshine returns in the afternoon lasting into sunday. temperatures warming back up with highs nearing 600 on saturday and making it into stays chilly with times of clouds and temps only reaching the low 50s. wind: nw 10-15 mph.tonight: a few clouds return. frost expected everywhere. lows in the upper 30s lakeside and lower 30s inland. wind: nw -> w 10-15 mph.weekend: some clouds to start saturday morning before sunshine afternoon lasting into sunday. temperatures warming back up with highs nearing 600 on saturday and making it into the cbs 58 news at four will be back in just a just one cent...we all know that's how much a regular penny is worth... copper coins put a thousand dollars into many pockets including that of terry william. williams... "i was walking down the sidewallk and i seen something shining, i said 'let me go ahead and pick this up. up. the pennies are -- of course -- not real...they were part of a promotion from ally bank...the detroit-based company put 100 fake pennies across the country... the closest city to us -- chicago. williams found his in charlotte, north carolina. instead of president lincoln's head, the copper colored coin has ally's logo on one side started the campaign to encourage american's to save more. 3 3 stays chilly with times of clouds and temps only reaching the low 50s. wind: nw 10-15 mph.tonight: a few clouds return. frost expected everywhere. lows in the upper 30s lakeside and lower 30s inland. wind: nw -> w 10-15 mph.weekend: some clouds to start saturday mng afternoon lasting into sunday. temperatures warming back up with highs nearing 600 on saturday and making it into "open" "they targeted the core of how the internet worked." worked." twitter.. amazon.. netflix, a number of popular websites offline today after an apparrent cyber attack.. but first.. we're ll breaking news in milwaukee county..a brown deer police officer charged with shooting a man.. who was on the ground. ground.he had been pulled off a county transit bus after the driver told police he was distruptive.the officer said she fearedor her safety..expert analyss concluded otherwise..cbs 58's david ade is live tonight with attorney john saffron just wrapped up that press conference as office here in downtown milwaukee. he says this is the first time in 10 years milwaukee area police officer has been charged after intentionally shooting somebody. so this decision comes from a march 14 officer involved shooting in browndeer. that's when manual burnley io in an argument with an m cts bus driver, that driver waved officers over, and after an argument put burnley on the ground,the criminal complaint says a video shows burnley rolled over onto his stomach in a short time later single gun shot was fired.according to the criminal complaint... officer devohn kramer is being charged with aggravated aggravated battery use of a dangerous weapon, and she told investigators and she couldn't get control of burleys arm... back... and pull the back a little bit to make sure it didn't misfire, before shooting burley once in his back. 16:23:33- he was face down on the ground and the two police officers were in the process of handcuffing him at that time officer kramer drew her service weapon and without any warning or explanation shot in the back, lucky to be alive and lucky to not be paralyzed from being shot 23:51 23:51 burnley lost part of his lung due to the surgery. today, safron says he is slowly returning back to normal. we'll have more on this story coming up on cbs 58 news at 10... live in downtown milwaukee david aids cbs 58 news 3 the brown deer police chief decision to file a felony charge -- saying we fully understand and accept the need for this high level scrunity within the criminal justice system.officer kraemer is on administrative leave and is due in court wednesday. one day after he was charged with raping two men..we're learning more about what police say happened just moments before milwaukee police officer dominque heaggan-brown shot and killed sylville smith. smith.an unsealed search warrant outlines what police believe led to the now-