people were oblivious to the signs. >> reporter: area access to businesses will be open and traffic will be heavier so be prepared. >> we have a mat on our website right now at abcactionnews.com. tonight a hernando county mother is facing charges after leaving here 10, 6, and 2-year old home and they started a fire. when they called and said they had started a fire, she said she wasn't coming home but then her two and a half hours to get there. still sprinkles to the east. polk county had over an inch of rain. it almost feels like a summer day. when you see temperatures in the 80s and dew points around 70 it's usually a good sign that you think summer weather is around the corner. well, maybe not long term. i do think we have a lot of changes coming this weekend but this evening look for partly cloudy skies and temperatures mild. fog first thing tomorrow morning for election day and we'll let coming up. happening now rescue and evacuations underway. louisiana. flood waters are driving out entire communities. abc's brandy hit is showing us the water isn't finished rising yet. >> reporter: from extreme flooding to dangerous tornados, the south is getting rocked by across texas streets and highways have turned into rivers and hundreds of homes underwater for miles. the flood waters expected to break records as they continue to rise. overnight families packed up what they could. those who refused to leave are pleading to be rescued. >> we're going to go in and keep doing this until we get them out. >> many now are turning to shelters for help. >> we're told it could be several weeks. >> across the state in louisiana at least four people have been killed and nearly 5,000 homes damaged. >> if you get in and you're gone it's over. >> the national guard has stepped in to help as the water starts receding here. 25 people injured and more than northern california there was a mud slide forcing several families to evacuate their homes . >> it's really getting precarious. >> reporter: strong winds also toppling trees on the west coast. one fell on top of a car killing a man in washington state. a pinellas school crossing guard is facing charges tonight for unsafe behavior. he was arguing with his adult step daughter when he pulled out a gun and fired it at a dresser. he appeard to be intoxicated at the time. he's been charged with aggravated assault with a firearm. pinellas county courtroom tonight for hulk hogan's lawsuit against gawker.com. the former editor testifying today. he may have handed hogan the win. >> reporter: the details may be trial is a legitimate question of online tabloid journalism. >> you testified in the past and explained that you did not consider the impact of this poston mr. hogan prior to the time you published it, right? >> that's true. >> reporter: on the stand today former gawker editor aj delario. >> he is the guy who wrote the article and got the tape and came across callous. that is so important in this case. if these jurors hate him and hate gawker, they're in trouble. >> reporter: he was at times sarcastic and consistently unapologetic. >> that's a smirk because you don't think the first amendment is serious, do you? >> it's very serious. >> reporter: he may have handed the stand admitting there's no news value in some that he published: it was a morbid sensational story for people. that didn't matter, did it? >> no. >> reporter: he didn't back down for posting the tape. >> they played it for so many months and so much damage we had to live with. >> reporter: on the stand he said he netted a bonus of $2,000 after publishing the tape. gawker has increased in thousands of dollars because of the increased web traffic. they maintain they had a first amendment right to publish this tape. breaking news. authorities saying a police officer died outside a police station was actually killed by a fellow officer. fire without warning at the first responders he saw outside the station. 29-year old police officer jacai colson was killed in that shoot maryland's governors ordered flags be flown at half staff in his memory. a man forces his own 87-year old grandmother to drive him around against his wheels and what authorities say he was behind the wheel. more tax dollars spent on an expensive machine but instead of parks it. we have nowhere to go. we are homeless. family. secretaries have been collecting thousands of pay. despite recent improvements the city is still not getting enough use out of that expensive equipment you are paying for. this top of the line paving machine costs taxpayer more than $45,000. >> it could be considered a cadillac. >> reporter: but an auditor says that cadillac spent too much time in the garage. >> it's really too big to be a streets we control. >> reporter: tampa city council member has called for an investigation. >> how did we purchase this to begin with? >> it is what it is. the purchase was made a number of years ago. >> reporter: the department bought the machine when kenneth >> we did not find a specific cost benefit business plan. >> reporter: the machine was supposed to help repave many of the city's 2800 miles of roadway. >> when was the last time they paved this street? >> i couldn't tell you. >> reporter: according to the audit, the overall condition of tampa streets is considered poor. something east tampa resident bobby wright relies on an electric wheelchair to carry around. >> it could be tricky with this rough service. >> reporter: the pavement machine logged on 23 of 57 possible hours. >> we have changed that situation and reassigned crews to utilize the pavement machine. >> reporter: that's true. the paving machine logged 283 more hours in 2015. mean it was put to good use. it actually paved 15,000 fewer square yards than the year before. the complexity of the project could have play a role but they think it's running more to justify its purchase. >> we should have never purchased it and shouldn't continue to run it to keep a warranty going. >> there's probably something smaller scale we could get to do the job. >> reporter: the city already has a smaller paver bought in 2005. records show it's only run 485 hours during the past decade. >> i can't really explain why those reasons are it wasn't used much rfrnlts done kins has made lots of changes. >> all i can say is we're going to use the money we do get to >> reporter: where was the short fall? who made the mistake? i'm adam wallstre taking action for you. california lawmakers working on a bill to give parents school re parents leave with pay. it would not apply to small businesses, only those with more than 25 employees. for some the idea is good in theory but they don't think it's really necessary. >> yeah, it's surprising to me. especially with the way the economy is now. where people are looking for money and where are we going to find money for good causes. >> but supporters believe securing more time with the kids and pay is a really good cause. are you thinking about getting your body beach ready? their weight have tried a juice clean. tonight abc action news dia riley is taking action for you finding out which ones deliver. >> reporter: citizen williams did her first juice cleanse several years ago and has done several sense. >> i will do a cleanse if i've been eating too much or drinking too much or too much sugar. i feel like it resets my system. >> reporter: by replacing solid foods with uses made from truts and vegetables and nut milks some juices claim to jump start a healthier you. a nutritionist looked at three day programs from top selling plans including pressed juicer start. they promise to do things like rest your digestive system and rejuvenate your body and toxins. evidence to back the claims they make. >> reporter: not promised you will drop pounds but you will in the short term because they are relatively low in calories. the juices tend to be low in fiber and protein and too high in sugars and they're pricey. three days of juices can cost as much as $200. >> if you're healthy and you do a cleanse for one or two or three days it's probably not harmful. any longer than that is not smart because they don't contain all the nutrients your body needs. >> reporter: consumer reports reminds us healthy eating is a better way to go. as with any diet, consumer report advises checking with your doctor first. we reached out the manufacture regarding claims they make and some did not respond. benefits of their products. after conducting your own research consumer reports remain on the fact they are not worth the money. now, the most accurate weather team in florida. can we get a window around here? we don't know what it looks like outside. >> yeah. >> i was asking dennis what it looks like. he said "i don't know i haven't been out there". >> no, it's actually partly sunny and muggy and fog tomorrow morning. see, you don't need a window. here's a look at the cloud tracker. pretty dramatic this morning. very heavy rains coming through and then look at the low cloud deck there. pretty impressive and once that finally burned off in the afternoon, that led to a partly sunny afternoon and there you go, laura. there it is. gorgeous. of sunshine and a few clouds. i do suspect we will see more fog tonight, tomorrow and again tomorrow night. at least for the time being rain free and nothing more than maybe a sprinkle this evening and maybe a quick shower tomorrow. right now in the upper 70s to the middle 80s. if you're wonder where we should be, about 76. today we topped out at 81 in tampa. this is pretty much the way it usually plays out closer to the water. the water temperature is now in the 70s so even the coastal areas start warming up as well. tampa checking in at mostly cloudy and 79 degrees but look at the dew point. everybody say it together. that is summertime weather. humidity at 77%. no, it's not going to stick around. usually it's may or june before by the end of the week, we do have a refreshing front coming this way. we'll talk about that in just a second. 81 in tam. should be 76 and the record 87 back in 2012. saint pete 78 and partly sunny. my daughter was at the beach today and texted me and said it's great over clearwater where clouds are partly cloudy. sarasota 71 with a humidity near 80%. there's the rain we had. some showers yesterday afternoon and showers last night and lingering rain across the area. the rain washes out over our area. because of that we're not seeing a blast of cooler, drier air as we often do in september and then again the beginning of the year in january, february and march and april as well. as we see tomorrow morning, if you're going out early to do your voting, go out bright and early it may not be bright because of fog. less than half a mile in a few spots. beautiful. notice though could be sea fog off shore. with an on shore flow it could bring fog right into the coastal areas tomorrow night. not starting in the interior but out at the gulf and working in. if you live along the coast, especially west of u.s. 19 all the way down, you're going to run into more fog issues and folks, if you live in the interior, either way by wednesday morning it pushes in and more changes by the weekend. it's going to rain this weekend. forecast highs upper 70s to low 80s across the area and middle 80s with more sun and less fog. overall rain and light through the period. by the time we roll into friday and saturday and sunday that's when the rains begin to roll in and potentially heavy at times. here's a look at the seven-day. 82 on tuesday and 83 wednesday stay warm and we stay muggy. rains arrived this weekend and next week monday into tuesday a look at the high, back to 70 and lows in the 50s. unusual noise so i thought well, i will get up. >> face to face with a would be burglar. an oregon man facing charges while he kidnapped his 87-year drive around while he smoked meth. white called 911 and the grandmother was not hurt. the 104-year old california woman who stood her ground when a burglar tried to break into her home. she heard a noise and got up to check it out. she says there was someone looking in cutting through the screen so she turned on the lights. >> it disappeared. he must have run away. >> you scared off a burglar? >> yes, i did. i guess so. >> once the sun came up she went outside to find the screen sliced open and two big footprints in the flower bed. she said she's lived in her home since 1946 and this was the first time someone had tried to break in. old woman accused of having sex with a 16-year old boy. plus these top stories. a family of five left homeless. >> this cannot be happening. >> you'll hear what the person behind the wheel of this car had to say to them. marco rubio doing a final push through florida. why he believes he still has a state. local politicians are watching where you vote. the eye team reveals why you at 6:00, a suspected drunk driver forces a family of five out of their home. crews pulled a car out of the house. >> i'm wendy ryan, thanks for joining us. we go to jacqueline live outside that home. looks like the driver made a wrong turn somehow? >>reporter: little bit more than take a look mind me. they didn't turn left or right. they went through the narrow opening between the bush and signs right into this family's living room. take a look at this video. >> it was like a bomb went off in the house. >> plywood covering their home and sleeping on a couch just on the other side the children's father. the impact breaking his neck and shoulder. >> it threw him clear across the house and tore down the walls. >> the three children rushed into the living room. >> the lady kept saying "i'm so sorry". i was like, "oh my god".

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