technicality and avoided a crucial dangerousness after an error by the district attorney's office. he was arrested tonight fugitive from justice charge out of rhode island. he's expected in court on monday. >> several good samaritans didn't think twice to jump into the water saving a 68-year-old woman trapped inside her car. the s.u.v. started floating out into the deeper water then began sinking quickly. bystanders were able to zblump and pull the woman ashore. meanwhile rest of the afternoon trying to get the s.u.v. out of the water. the police say the woman was cold and alert but talking. we were told she mistook the gas for the brake. the person killed in hyde park was a boston high school student. the school district says the victim was a student at boston community leadership academy. police tell us the crash happened on claire avenue near the american legion highway. it's inclear if the student was behind the wheel or a passenger. we're working to learn the this crash. a husband murdered a white in a wheelchair badly beaten nine days after the crime the suspects faced a judge for the first time. >> fox 25's crystal haynes was in the courtroom where prosecutors laid out the possible motive for this terror. >> reporter: 23-year-old joshua hart and 27-year-old brittany smith back in the bay state after almost a week on the run and ordered held without bail. their arraignments in front of a packed orange zrictd courtroom where emotions ran high >> it's not her she's a good girl. >> they acted like a rabid person. >> reporter: the new details in the case reveal today are chilling. investigators say hart and smith brutalized 95-year-old thomas hardy and his 77-year-old wife joanna fisher for almost two hours killing hardy, and stealing fisher's debit card and the couple's 2003 toyota corolla stabbed and suffocated and but for the grace of god miss fisher would be deceased workers from catholic charities finding her the next morning. >> reporter: according to police fisher's throat was cut and she was left for dead but "once the suspects fled miss fisher who was wheelchair bound crawled in an effort to call for help. the motive for the home invasion escape. according to police, jeremy says harty wanted to avoid jail time for an unrelated car theft and smith wanted to avoid scheduled drug treatment. >> the plan was devised to allow them to escape and start a new life by stealing a car and stealing as much money as they had could get their hands on. >> reporter: police were actually able to catch up with this couple in virginia by tracing all of their purchases on fisher's stolen debit card. they're due back in court in december. now to the forecast tonight is the first widespread frost of the year for the region. storm tracker meteorologist jason brewer is here. you're not expecting the cloud to begin until after 9:00 a.m. in in spots. we'll be out of the danger zone. if you have plans we'll be covering them up and bringing them inside already getting some reports of frost on the cars from gardner so there are your frost advisories in that keeper shade of freeze warning. inside of 495 this is our first freeze warning of the season. we'll be waking up to some upper 20s out there. you can see right now the 30s have already settled in bedford, norwood all the way down to the south coast. even the 11 yard under a frost advisory especially right there in the middle of the island. high pressure is overhead it's cold with that light wind in the clear sky. but if you're heading out to check out the leaves over the weekend we've got a nice i'll show you what i'm watching that will bring that our way coming up. >> right now the boston police officers who were shot remain in the hospital and new details are emerging about the man who opened fire. earlier tonight i sat down with a security expert to discuss the case. his thoughts on the disturbing material posted on the suspect's facebook page that we first reported last night at 10:00. >> first the reason national democrats may wanted to stay on the good side of dear fellow citizen, but i also have to plan for my family's future. and that means taking on debt. in a smart way. like my mortgage - it's working for me. and if he needs a college loan down the road, that'll be worth it too. it's all about having a strategy, that fits your life. so, if you have a question about how to make debt work for you, ask me. hillary clinton campaigned in sleatd today commenting on a series of sexual assault allegations against donald trump. clinton has largely avoided commenting on recent allegations instead she's been leaving that to her surrogates while she tries to focus more on a positive message. but clinton broke her silence today telling her supporters they can stop trump. >> if we do our job in 25 days donald trump will stop single day. [cheering and applause] >> the president and first lady have both attacked trump on the accusations while stumping for clinton this week. donald trump making another campaign stop in north carolina tonight while his campaign fights off accusations of sexual assault by the candidate. the rally tonight saw a group called women for trump come up on stage to support the g.o.p. nominee. trump has recently come under attack by multiple women accusing him of assaulting them sexually. trump t part of a smear campaign. >> i am a victim of one of the great political smear campaigns in the history of our country. they are coming after me to try and destroy what is considered by even them, the greatest movement in the history of our country. >> the latest accusations of sexual misconduct came today from a former contestant on the apprentice who said something the trump campaign denies. the final presidential debate that is set for next with wednesday in las vegas. fox 25's blair miller will be there. you can watch the entire debate right here on fox 25 starting at 9:00 followed by a special edition of the fox 25 news at 10:00. senator elizabeth warren's campaign has raised more than $5 million. the funds come from appearances she's made and her e-mail list and check from warren's leadership pac. according to federal in her campaign account in june. warren will not face re-election until 2018. two people were hospitalized after a home smoke inhalation in ohio this happened around 5:00 this morning in port clinton a neighbor says he heard a woman biment was so power it even knocked things off the walls of his had house. he thought there may have been a car accident but there was a pile of rubble and people in need of help. >> flames were coming up the was kind of hysterical so i took a piece of plywood and diverted the flames and and then kind of -- a man and women are now being treated for injuries authorities are working to figure out what caused the explosion. >> the man has shot two boston police officers had a criminal record and an obsession with police and ? ? on social security and medicare, these are the facts. kelly ayotte voted for deep cuts in medicare and social security. here are the votes. she voted against protecting social security from the threat of privatization. and said she's open to raising the retirement age for social security. look it up yourself. the fact is kelly ayotte's supporting big, corporate special interests. for the content we are joined now by todd mcgee managing partner with protecting the homeland innovations. we have looked through the suspect's facebook page one thing we saw was a lot of videos posted about police, also racial relations between cops and citizens and now knowing the outcome here what does that say off by saying glad to hear that both officers are going to pull through this horrendous incident responding to a call of such nature. four things really to talk b ock. we want to talk about first and foremost is the catalyst what were the catalysts that set this evening off where it return turned into a lethal force incident. something volatile between he and the roommate. the person month made the call for service what were the push factors that led him toward asked. the next thing is ideology. facebook really revealed the aspect of his concern about the strained relationships between in his perception, between police and community. so that's aspect. grievance obviously he has boston police call for service and his grievance against is against the boston police department takes action against two police officers and then finally mobilization. the aspect where he deployed >> we know he was a constable with with the city of boston. is that considered a law enforcement officer of any level? >> really, an agent of the court here in massachusetts. for example, ideally, constage is able to serve subpoenas, criminal matters civil matters of the court. in that particular aspect serve with pretty much be a independent contractor on behalf of the court and at that basic aspect i wouldn't necessarily police officers so to speak. how easy is it to become a constable once you fill out the application and establish that process there will be some type of a background check on the individual. the applicant by boston police department. if they pass wharf -- pass the background. i know he was arrested in past for impersonating a different things maybe these certain aspects didn't come up in the background interview, maybe the time when he filled out the presidential to be licensed in massachusetts maybe there was some overlap, take there was the level of background screening maybe did not pick up that blemish on his record but again these things then become surface issues and they say well, how can someone work some that capacity as an agent for the court. >> there are so many questions that remain including how this could ever turn into a firefight. setting. >> that's when you want to go back to what were the catalysts, what were the issues. was there any drinking, was there any other drinking any mental health issues. maybe some other push factors that maybe there were some certainly issues going through his professional life or personal life. these could be issues that could solve really some motive. >> what we saw that night we saw the commissioner outside, we saw mayor marty wallsh and also saw the d.a. dan stearn from the people who were involved to the people who may involve them then eventually that will be a matter of public record for everyone to know. but that's standard operating procedure here, correct? >> absolutely. standard operating procedure any time there's going to be any level of lethal force that's being issued and also less lethal force. it's just good policy to a full investigation that everything that's taken place you want to make sure that officers have been cleared. you want to make sure that the suspect in this pa that all force utilized by public safety was vetted proper and justified. >> what is the take away from this horrible situation we're praying for these policemen to come through. they had another round of surgeries today. >> we have to understand that the two most dangerous calls to service that a police officer will go through is first and foremost a domestic call, that goes without saying. secondly is the motor vehicle stop. these particular situations will be extremely violent and extremely vulnerable for police officers and again as everyone knows when you put on the suit you're taking your life in your own hands each and every shift. >> do you think there's a policy change afoot here. they were not wearing, talking about the police officers the vests the shooter was wearing one but if we know and the commissioner has said as much he's told his people in training when they become officers that a domestic will be one of the difficult calls you make. i know oftentimes they are officer with the emotion. likely wear vests going future in the -- into the future? >> it it's hard if it's optional. this particular case if there was an opportunity where they knew they were going to a call then again perhaps it might have been better judgment to be able to put something on over up a of the uniform or at least body armor underneath as part of standard patrol procedures. but in this particular case, policy and put them in place. >> right now the focus is on getting these guys healthy and out of the hospital. and the nine who came to respond as well. >> some great response by mass state police in helping out some brothers in desperate need there. it's good to see everyone working in the community. >> tom mcgee thank you for coming in. appreciate it. now tomorrow stay with fox 25 on air and on-line for continuing coverage of the boston police officers shooting. sox play golf terry francona and the indians just keep on rolling. and beef got the latest for the patriots as everyone fios is not cable. we're wired differently. we guarantee to make switching easier. here's justin, one of our techs. wow. you're right on time. he showed up on time, as promised, to install fios and set up the wi-fi that janet, jamie, jenny, jemma okay, you guys are all set. thank you. for all their new devices. you can't break me. you want a piece of cake? switching to fios is easier than ever. we'll set you up, and connect your devices to the new wi-fi. and there's no cost to cancel early if you change your mind within 30 days. switch now and get super fast 100 meg internet plus tv and phone for just $69.99 per month online guaranteed with a 2-yr agreement. go to getfios.com or call 1.888.getfios to learn more. 100 meg internet plus tv and phone for just $69.99 per month online. cable can't offer these speeds at this price. this sunday promises to be another one of those special days on the boston sports scene. when tom brady makes his long awaited return to but will brady have all his weapons? rob gronkowski not practicing today one of 10 patriots listed as questionable. gronk also listed as questionable last friday and saturday nights before the browns game but he of course did play and play well in cleveland. we'll see. >> for our high school game day game of the week we took to you chelmsford earlier tonight and we take you back. tewkesbury the visitors in white coming in 5-0. 6-0 right away with a touchdown. sophomore quarterback jay connolly through the air. that makes it 14-0 tuesdaybury after two point conversion. -- tewkesbury after the conversion. out whenwhite house is there. and ryan morris number 44 and tewkesbury take charge 27-13 the final. we'll have more highlights game reaction, fots and much midnight as we go live on my facebook page. alcs game one in cleveland. the indas just keep on rolling. francisco gone. two run shot off marco the only runs of the game. another start for cory. get this terry francona's playoff teams are 7-1 in series that they win game one. iated:00 tomorrow night jon lester goes in chicago game one of the nlcs. i think everyone is a cubs fan. >> cubs and indians though. terry francona. >> 7-1 though. >> 7-1 in series where they win game one and they won game one. they haven't lost a game in the playoffs yet. >> we'll be watching friday night football highlights. >> facebook live just go to butch tearnce -- stearns. with the three other people. >> last week how many people were with you? >> we may be talking 28. yeah, this time of night we just got to wake people up. it's going to be chilly as you get up in the morning. >> that will wake you up. there you go. you said your dad was teeing off 7:00 a.m. >> teeing off. >> there's a frost alert. tomorrow afternoon near 60 then into sunday. see that rain to the west it's going to stay to the west until after about 8:00 we'll see a few high clou is for the back half of the weekend. get away forecast up into the mountains. nice leaves and we'll see 50s tomorrow with 60s on sunday. seven-day forecast with some showers late early monday out of here then the mild temperatures look at that 70s to start next week. short sleeves for brady. >> you going to the game you dear fellow citizen, time spent with my son really makes me appreciate "the now". but i also have to plan for my family's future. and that means taking on debt. in a smart way. like my mortgage - it's working for me. and if he needs a college loan down the road, that'll be worth it too. it's all about having a strategy, that fits your life. so, if you have a question about how to make debt work for you, ask me. sincerely, brandon heaven fellow dad and fellow citizen. i'm here in bristol, virginia. and now...i'm in bristol, tennessee. on this side of the road is virginia... and on this side it's tennessee. no matter which state in the country you live in, you could save hundreds on car insurance by switching to geico. look, i'm in virginia... i'm in tennessee... virginia... tennessee... and now i'm in virginessee. harvey: who better to hear from, who do you want to hear from more than monica lewinsky? >> how do you feel about the charges against donald trump, sexual charges? >> and the camera guy was following her and said, do you think it's fair game to bring up bill's history? harvey: that's a good question. >> in other news, obama made cuban cigars legal, so -- [laughter] >> p concert for 300 people. ? love, love me do ? >> paul mccartney, 300 people and he ran through all of the hits. >> it sounds like a security nightmare. it's not like set up for concerts. it's a bar, restaurant, saloon. >> how crazy is it going to get really? don't nudge me! >> sean kingston in australia and i guess a fan spit on him. you can see sean kingston attack the fan with his mic.