But at the end of the day it is the officers discretion in doing so. Reporter the chief wont pursue charges against houston relating to impersonating a cop. We would like to but we would like to close the investigation. It is a traffic stop. We turned it over to 2 Sheriffs Department an they can handle it internal will i in whatever fashion they would like to do so. Reporter we tried to track houston down today but the cleveland metropolitan district confirms he is a students here. The Cuyahoga CountySheriffs Department say they only issue one badge per sheriff deputy, but Law Enforcement force tell me it is very easy to get extra badges online and at places like Police Equipment stores. Live in newburg heights, newschannel5. Nearly one year after this plane crash killed nine and wiped out an akron Apartment Building. The National Transportation safety board is ready to rule on the cause. The release of new documents which question whether records were destroyed following the tragedy. Bob jones has been following the story from the beginning. You spent the day digging into what those new documents reveal . Reporter yes. We are here where the plane crashed into an Apartment Building last november. The building has since been torn down but the memories remain fresh for those that live in this neighborhood in east akron. According to ntsb documents, textron aviation, company of the plane manufacturer believe the two pilot crew failed to maintain air speed and stalled, causing the crash. Both pilots and seven Business Executives were killed when the airplane which the ntsb said was 600pounds overweight slammed into the Apartment Building. Other documents include an interview with the captain that claimed the Company Provided false weight and balance details and the company then scrambled to change and eliminate records after the crash. Culture and it is up to pilots to make sure weight information is correct. A local pilot he told me he expects pilot error will be the time ruling. It is hard to fathom, it really is, especially with the twopilot crew well trained to it is every pilots Worst Nightmare to have an accident be your fault. And you can read the re newschannel5 app. Bob jones, newschannel5. Thank you, bob. You can also watch the live stream of the ntsb announcement on our newschannel5 app at 9 30 tomorrow morning. Right now Maple Heights police are looking for a gunman that shot and killed someone. It happened at the h2o lounge on libby road saturday night. The 911 caller said they found several people with guns and when Police Showed up a 21 yearold was shot and lying in find out more after two decomposing bodies were found inside this grafton building. It happened in the 800 block of bashard street. Police found the bodies while conducting a welfare check over the weekend and investigators are calling this suspicious. We are learning new information about a deadly crash at a concert for Senior Citizens in parma heights. Police charged the 74yearold woman who drove her car into a crowd. Donna chidsey tu officers say she told them she confused the grass and brake pedals. Two people died at the concert. She is charged with two counts of vehicular homicide. She is scheduled to be in court next month. Blah police say someone flew a flamable substance through a donald trump headquarters window. Over the floor and the fire burned the office walls and helmeted campaign signs. On a nearby building a message was was written comparing republicans to the nazis. Today Hillary Clintons campaign is dealing with new email accusations, newly released fbi records show a Senior State Department official tried unsuccessfully to lower the classification level of an email found on her serverrer. According to nos server. According to notes the state department would let the fbi place more agents in countries where they were not allowed at the tame. Donald trump called the failed Deal Coalition to cover up the fact Hillary Clinton conducted Department Business on her personal server. And newschannel5 anchor rob powers is breaking down more on Donald Trumps accusations the election is rigged against him. Yesterday trump said the campaign will respect the elections outcome but tonight mike pences statements were more in line with his running mate. Trump tweeted today. During his speech in mason this afternoon pence affirmed the stance being refuted by democrats. I have no doubt the National Media is trying to rig this election with coverage in Hillary Clintons favor. It is an insult to county registers to say we dont know how to run a election. All american elections between between 2000 and 2014, there were only 31 known cases of impersonation fraud. Keep this in mind, states generally run their own elections. In 40 of them they are overseen by a election official. In 25 of those state, including ohio, those nationally Hillary Clinton is leading donald trump by 8 points among likely voters. Clinton is said to have 47 of support from likely voters to trumps 39 . The poll of polls analyzed four of the most recent surveys. Todays cnn latest poll looks at key battleground states including here in ohio, the buckeye state. 48 of likely voters support leverages take you outside to the airtracker5 lets take you outside to airtracker5 flying over the innerbelt bridge right now. More lanes of the innerbelt bridge are final lay open. You will like that. It is the finally open. You will like that. It is the first time in five years traffic will be flowing freely outside of downtown but this one going inbound. Odot will work to change the big overhead signs leading to the bridge and next monday all five eastbound lanes will reopen. And weatherwise, look at this. A live picture from ashtabula middle school, primary school, one or the other. We have sunshine out there, blue skies. Everywhere you go we have summerlike warmth. 78 in ashtabula, 82 in philly. Look at toronto, currently 70 degrees. Rain showers and thunderstorms nearby but of course they will probably close that roof and things will be just fine inside the dome. We are dry here. We are on the warm side of this frontal boundary and we will stay mild all evening and all night long. 70s at 6 00 p. M. How about 70s at 8 00 p. M. How about 70s still at 10 00 p. M. Any clouds in the sky should sky. Rain coming in tomorrow and cooler weather as we head to the weekend. More on that coming up. Well, over at the live desk, we are monitoring a story going down in canada. Right now a judge in ontario is hearing arguments about an attempt to ban the indians from using their team name and reef wahoo during baseball games in toronto. In fact a game will be starting in three hours from now. The judge will decide if announcers will be able to call the tribe the the next few games and activists filed a lawsuit to keep the indians from using their name and logo in toronto. If the judge sides with the activist the indians will be referred to as the cleveland team. We are told the ruling could come at any moment. We will let you know what happens. The lawsuit is making the rounds on social media right now, by the way, many people voicing their opinion using the the indians to change their name. Well, the indians are looking to continue their winning october way, but the series has been without other drama. Coming up at 5 30, we have more on what to expect from the pitchers mound. Plus, an olympian warning tonight after losing his daughter to gun violence. How the teen is being remembered. And another rescue operation under way right now after another deadly air fake a look at this. A cnn crew embedded with troops in iraqi was caught in the cross fire. Imposal is the largest city mosul is the largest country under fire right now. The Syrian Government says at least 25 people were killed in sundays attack. Some families were found under rubble there. The Officials Say the latest attack brings the death toll from 49 from strikes in eastern aleppo. The friends of 15yearold trinity gay, the daughter of u. S. Olympic sprinter tyson gay are remember the teens life and tragic death. Right now a candlelight vigil in gays memory is being prepared. She was shot and killed restaurant in kentucky. Taylor middleton says she was right next to gay when she was shot. They were in the parking lot when the first round was fired. That is when we heard more gunshots and i said okay, i see her so let me go and try to get by her so i dont be alone. I tried to walk, like crawl toward her. As i am crawling toward her she is crawling toward me. She is like i am shot, i am charges in direction to gays killing. According to a 21yearolds arrest citation, investigators believe he fired multiple shots in the parking lot at the time of the is incident. Meanwhile gays friends will continue to spread her memory to others. And in the whistle blower sandusky case in court, mcqueary is suing the university saying he was retaliated and fired against the school in 2012 after he went to joe paterno to report sandusky sexual assaulting a be boy in the team shower a boy in the team shower. Sandusky was later accused of abusing ten boys. Rolling stone being sued for defamation of a debunked was sexual assaulted on a fraternity on campus. Since the article hit shelves two years ago the public may hear from the young woman at the center of the story. In the meantime people in california bracing themselves as more rain continues to fall right now. Water is rushing down the Santa Cruz Mountains as storms pound the area increasing the risk of mud slides. The community there is still recover from the massive loma fire that burned more than crews are working to clear roadways as a lot of rocks continue falling onto the already narrow roads. A powerful situation there. Yes. The rainy season arriving a few weeks early there in california. Meanwhile, summer has returned. Yes. The big low pressure in the Pacific Northwest and west, you good et the cool there and the roller coaster ride up here east of the mississippi. So, we are benefiting. We are warm now. How long will it stick one, maybe two days. Lets check out lorain right now. How about this live shot looking off to Lorain Library north at lake erie. Green grass. We have trees turning there. The sugar maples are really going now. They are bill i cant in their oranges and reds. Brilliant in their oranges and reds. Believe it or not the peak of the fall color season is the third weekend of october. That is coming up this weekend. I this the leaves will turn quigley. Get ready for that will turn quickly so get ready for that. In toronto 70 degrees currently. The lid will be closed on the ball yard. It should be comfortable in the 70s inside for friends and family headed that way to watch the tribe. Lets go. Dry weather here on the power of 5. No worries about rainfall this evening. Winds. 31 Miles Per Hour in mansfield, 28 Miles Per Hour in canton, 26 Miles Per Hour wind gusts in cleveland at the top of the hour. That is a helping those winds bring in the warm temperatures. Record highs. We tied the record, 82 degrees in cleveland, right now ties the record of 1953 and 1950 this date. Akron two degrees shy. Sitting at 80. Record warmth, 82, ties the old record of 82 in 53 and 50. The temps will remain mild and we will see lower 70s and upper 60s by the end of the overnight. It will still be mild tomorrow. Cloudfree for the most part around the area. The rain showers and thunderstorms are up here. All the fronts are stacked to the north and west. We have if high over the of course, feeding that warm air in. So we get another day and about a half before the front aarrives. In fact, tomorrow Late Afternoon by this time we may see a few thunderstorms around leading ahead of that cold front coming in. Here is the akroncanton overnight forecast. Temperatures falling slowly but surely into the middle and upper 60s tonight. Look at that. Mainly clear skies all night long. Tomorrow we will cloud up during the afternoon. Could be a isolated thunderstorm by late in the day. I am th 2 same for the Greater Cleveland area. Maybe a little shy of another record tomorrow, but still warm. Lets enjoy our brief revisit of summer. Near 70, 68 to 70 for cleveland eclowe by the time the school clevelands low by the time the school bus arrives tomorrow. We will show you the sevenday forecast in a couple minutes. Stick around. Thank you, mark. Still ahead tonight at 5 00, Hurricane Health as the clear. Local people gather up goods and get ready to offer up aide to Hurricane Matthew victims. And tonight at 6 00, cutting the cable. A local family trying to end the utility for a sick relative but instead of compassion and help, they said they got laughed at and frustration. We are trying to get them some this is old school right here. When teachers believe, students achieve. Yes. We have more on an educator that supports her students in and out of the classroom. Here is more with janessa webb. Reporter in this weeks segment we travel to stowe, ohio, but when whew got there we were when we got there we were braced with a double dose of goodness. Week, mrs. Jen smith. We think this amazing 5year old has a real future in tv and mrs. Smith has been working with him for the last three years to bring out his unique personality. And this was just one reason why this deserving preschool teacher was nominated. Congratulations, you are our newschannel5 teacher of the week. What . [ laughing ] shocked reporter we would like to present you with this certificate prevented by the ohio savings bank. Did you do this . Thank you. Thank you reporter he may learn differently, but mrs. Smith special. Mrs. Smith has been one of the most wonderful teachers. She has been our advocate and made decisions for our sons education based on what was best for him. Not necessarily on what they have always done or other recommendation, but she has always made decisions based on his development and we appreciate her so much. Reporter our teacher of the week at indian Trail Elementary School in stowe, jen smith. From newschannel5, co nominate an outstanding educator for our teacher of the week award, head to newsnet5. Com teacher. We have indepth details about the impact of teachers coming up that marks an important mile somewhere somewhere stone to prove milestone to improve our graduation rate. And a massive massacre of a family in pike county and the evidence helping police narrow welcome to the 5 30 hour of newschannel5 at 5 00. The indians are a perfect 5 stage shifts north of the border. Here is more. The indians try to inch a little closer to their first world series since 1997. Game 3 in toronto tonight. Trevor will be pitching. He cant use a bandaid, super glue or any foreign substance on the cut. That is part of the rule. Yesterday he he built from scratch to show folks how he was injured on friday. According to the skipper, it wont affect will him. It is like a treatment. It is almost like a pitcher with a blister. I dont think this will affect his start one way or another, when he gets them out or doesnt, i dont think this will be a big deal. It is about the pinky. Tonights game starts at 8 08. Terry francona announced a few has a good game tonight, the lefty could start tonight. A little drama, it depends on tonights game. Lee . Thank you, andy. New details into the pike county massacre. The sheriff now believes the people responsible likely live near or in the area. The seven adults and one teenager of the family found shot to death in their homes back in april. Investigators had been looking into whether the Mexican Drug Cartel was involved because some of the murder scenes. The sheriff does not believe the family was trafficking drugs for the cartel. Let us talk about this right here. The creepy clown craze has prompted one Big Box Store from selling clown masks. Target is pulling the masks because of the creepy clowns threat. Across the country, you heard about it. Many of the recent crown threats have proven to be hoaxes. Robbing gas stations and restaurants. A few of the masks are Still Available through 3rd party websites. A live look at lorain. Blue skies abound across Northern Ohio. If you are seeing a cloud, dont worry about them. They are going by quickly. It should be a clear, starry evening wherever you want to go. We are not worried about rain. By this time tomorrow there is a front here. There could be a look at these temp, near record or recordtying temperatures across Northern Ohio right now. 82 degrees currently at cleveland hopkins. We have upper 70s and lower 80s everywhere you go. 82 downtown, 82 in North Royalton and 80 in canton and 80 in akron and wooster. It has been a warm summer so we are used to this, be you this is late october. This is not what you normally see. Woe look mid 70s at 1 00 a. M. And mainly clear skies. Down to 69 degrees in the akron canton area. This is warm through 1 00 a. M. One more bay of the warmth, and one more day of the warmth, and then rain and cooler. You onto he it was coming. More on that coming you know it was coming. More on that coming up. More students than ever are said to graduating from high school. The Graduation Rates for the last leased toed and it shows were released today and it is showing