minutes, we have some videotape crime scene investigators carried a spent round from divers who pulled it up from the bottom of the swirling currents of the east river. what we're told is it's a spent round and you cannot imagine the level of difficulty to get to the bottom of this murky swirly river to locate something that small. the divers have been out here since the shooting conducting a very painstaking search for evidence, helping us understand precisely what the divers are doing is deputy commissioner davis. explain to us how it is they're doing what they're doing and how they've been successful. >> this is literally a hand over hand search at the bottom of the river. there is technology available. the application wouldn't work here so they literally set a grid and they have to check by hand each

they can't miss a spot, missing missing the gun. far? i know they're looking for gun. haven't found it yet. given the level of success so optimistic. >> it does, based on the fact they initially found the clip for the gun with 13 live rounds. in the meantime, yesterday morning we uncovered another gun which was here for a long time. they found a spent cartridge which they believe may have been officer holder's and they found two spent bullets. just recently now they picked up old army clip from an old antique army gun. >> who knows what's on the bottom of the east river that's not related to this. again, just moments ago, they uncovered a spent round. >> that spent round, we're going to ballistically try to

match that to a gun. iteither the officer's gun -- it's either the officer's gun or mr. howard's gun. >> this has been going on around the clock, since the shooting happened, but it's very difficult for them to get down there because the currents are so fast. the currents move 4, mive, -- 4, 5, 6 miles per hour here. they can only go in for 90 minutes. >> 90 minutes because they have to work with the tides. the tides have a slack period. during the slack period they get down there. you only get 90 minutes to do that. the nypd dive team doing amazing work here, working through the east river, doing everything they can to find every piece of back to you in the studio. >> just a potentially major break through in the investigation tonight. thank you very much for bringing us at breaking news.

holder asking in sorrow and anger why the son's accused killer was on street. >> darla miles in the far rockaways. >> the grand jury will get this case friday and monday so it will be presented to them tomorrow and monday. it's a first degree murder case which could possibly take tyrone howard off the street for the a life sentence at this point for the family of randolph holder perhaps a little too late. >> i do not think criminals should be put back on the street after being arrested for more than a certain amount of times. >> reporter: seven years in jail. that's what the manhattan district attorney wanted for 30-year-old tyrone howard after he was arrested in a drug sting last year. instead he was allowed to participate in a drug treatment program which put him right back on the street. he was in court for skipping out on

that program this morning. >> you can't throw people out on the streets with a record like that and hope they'll do good. >> reporter: randolph holder, sr. and the pastor calls this a broken system, a system they at least will work for them. members of the family already following the prosecution closely, going to howard's arraignment wednesday night. >> once all eyes on him, a lot of things comes to mind. >> reporter: one of holder's former partners from two years ago like a member of the family at the home all day wednesday and thursday. >> she's here and she's very heart broken because they were very close, like brother and sister. >> reporter: what holder's brothers and sisters in blue are going through weighs heavily on this father and former police officer who only minutes after huz son died chose to console the nypd officers who were with him at harlem hospital.

>> they need consolation. my grief will always be here, never goes away. >> 20,000 to 30,000 officers are expected to come to the funeral. the funeral and wake will now be held at greater allen a.m.e. church in jamaica, queens. you can find that information on our website, abc7ny.com, or our fab page -- darla miles, channel 7 eyewitness news. >> why was the accused killer of officer holder on the streets in the first place? just 30 years old but arrested 18 times. the last time tyrone howard was sent to a drug diversion program, usually a great program, but commissioner bratton says in this case not the best decision. how deidthis -- how did this happen? >> with a conversation with the judge, we've been able to get a clear picture of how tyrone howard ended up in rehab.

the judge has a record of being tough on crime and as we learned, the first time howard asked for leniency, the judge put him behind bars. >> reporter: four years ago, now accused cop killer to roan howard stood before judge edward mcloughlin pleading to be put in a drug rehab program rather than prison. the judge said no way, telling howard's attorney why can't he voluntarily go to a program when he's not in jail? he stood before the judge again on drug charges. this time the judge said yes to rehab, saying, quote, felony convictions and prison not having worked, i've decided maybe out of frustration and judge told me he remains, quote, confident i made the right decision but what happened is absolutely tragic.

>> his whole life has been about an escalation of crime. >> reporter: commissioner bratton has angrily blamed the judge's decision for putting howard back on the streets. >> he would have been the last person in new york city i would diversion program. >> reporter: even as bratton railed on the judge and his decision, law enforcement leaders are in washington calling for a shift on tough on crime incarceration to more reliance on programs. today the president backed their goals. >> we're missing opportunities for us to create safer opportunities through drug diversion and treatment. >> this expert on inmate rehabilitation says the evidence is clear prisons are far more expensive and less effective than diversion programs. >> i think they need to be compared against the alternative incarceration and we have lots of research

that says that didn't work. >> the judge said on paper tyrone seemed like a good candidate and no convictions on violent charges. also a spokesman for the court system said howard would have been out on bail awaiting trial had he not been in rehab. either way, the spokesman says howard would have been on the streets. there was a warrant in an arrest, he managed to elude 10 attempts by the nypd to find him. >> remarkable. we've just received an interview from one of officer holder's brothers in guyana. this is a huge loss in his life. >> he was like a brother, father, everything to me. he was very loving, family oriented. there's not much for me to say right now because i'm very shocked. >> you can understand his shock. we invite you to stay

continuing coverage in to the investigation of officer holder's murder, we have seen at the top of the show divers are in the east river right now looking for the missing murder weapon. >> all the latest tonight on eyewitness news at 11:00. now to the new york mets and are they in some kind of zone on the ball field. that's sending fans in to a frenzy of excitement. bill clinton was president the last time the mets were in the fall classic. now they're headed there in classic fashion. a four-game sweep of the cubs who last night looked like the bad news bears. rob powers taking the temperature of mets fever for us. >> they will be one of only two teams left standing fighting for the world series title. mets move on to the world series, opening game next tuesday. they can hang on till tuesday. they

night in chicago to advance. they came back afternoon to see who they'll face in the world series. the blue jays and royals are duking it out. now they get a chance to rest, reflect, re-energize for the next step. mets need four more wins. for now, for today, it's just good to be back home. >> world series, pretty special. just an incredible feeling. i don't think it's quite hit you. maybe when we get back tonight, relax a little bit, when it finally hits you i'm sure it will be a big smile on my face. >> a lot of energy. first time here at citifield is definitely going to be a lot of fun. >> the mets are home. they await the winner of the toronto-kansas city series. the mets will be the road team to start. first game in citifield one week from tomorrow. in sports more on the mets game last night and mets' returned to. >> what a night. so much more

to still talk about. we invite you to stay with eyewitness news and abc7ny for continuing

tonight tens of thousands of commuters who depend on the long island railroad this weekend will need to find other ways to get around. no train

service between hicksville and mineola saturday and sunday as crews finish part of a bridge project. silver lining in all this, the mets' win last night should actually make things smoother. >> there was a complication we were very much concerned about and that is a lot of people wanting to go to citifield this weekend and i do want to thank the new york mets for removing that complication from this weekend's work and we no longer have to worry about game 6 or game 7. >> if you have to take the train this weekend, buses will hicksville and mineola. there will be bus service for carl place and westbury customers. all this on our website. the port authority tonight pushing ahead with an ambitious plan to replace its aging new board

vote d to approve a plan. it's old, outdated and officials say not suited for the expected flow of traffic in the future. that whole september and october thing, it's going to feel like fall just in time for the fall classic with the mets.

listen up new york. there's a new drug out there. and it's trying to destroy our generation. it's called synthetics. . . so, some guy thought it might be a good idea to spray poison on some herbs, and then sell it to you. no, it's not marijuana. it goes by names like k2, spice, rocks. causes hallucinations, rapid heart-beat. vomiting, seizures. and it can kill you the first time you smoke it. we gotta have each other's backs. this is our future. and the future of new york is saying no to synthetics!

now it really feels like we're saying goodbye to the 70s till springtime. >> i don't think so. certainly 60s and near 70 typically november fifth. we're in an overall warmer pattern. still feeling positive about it. outside we go tonight, sunshine burning a hole in the overcast. it's so mild, feels great. 71. it's not that our nice weather stretch is coming to an end, the late september feel, that's going away and the october feel is coming back. southwest wind will go over to north later tonight. average high is 62. we're just shy of that tomorrow. rainfall amounts going to be

light. a few spots will get a trace or hundredth. there are your sunset times. tomorrow is 15 degrees cooler. at night it will be near freezing again. saturday is fine, cool, dry. rain late saturday night and sunday morning will give way to sunshine and 60s sunday afternoon. significant rain will be a week away. not great but rather get it out of the way for halloween and the new york city marathon. southwest winds right now, more westerly in monticello. cold front is slowly creeping through the cat kills. really going to be a nice evening. heavier coat is needed till later tonight in the wee hours tomorrow morning. still above 70 in most spots. 30s north of the border here. 30s about 500 miles to the south. 80s. and we're in between here and there's the cold front climbing in to the catskills and poconos. shower first half of the night. 10:00, 11:00 at worst. then partly cloudy skies. 64, midnight. then we drop

to the 50s. cold tomorrow morning , chilly breeze. even though we have sunshine, chilly breeze out of the north. 55 at noon. near 60 during 3:00, 4:00 in the afternoon hours. gusty breeze will make it feel like we're in the 50s. line of showers fell apart over the hudson valley. reformed south and east of long island right now. until that front gets through, close to midnight, have to allow for a spotty showers. some spots have holes in the overcast. the clearing line is not far away. probably about 125 miles away. you see the cold front and northwest winds. high pressure builds in tomorrow. great day, cool day. we look at this storm coming out of the rockies. the two merge, team up, and bring a line of showers in the area. it will not wash out sunday by any means. futurecast showing a stray shower, clearing after midnight. bright sunny day tomorrow. cool wind. 60 feels like 50s. when we get in to

saturday, the winds die down. only upper 50s. high clouds from the west. low clouds from the oceans. there's the shower threat. it's also a warm front so we're back in the 60s by sunday. turning cooler, 52. tomorrow is a high of 60 but have the fall jacket, lots of sunshine. have the sunglasses too. down in to the 30s. 44 in new york city. here's your 7-day accuweather forecast. cool mix of sun and clouds. 58. rain on sunday , gets out of the way. 66. next threat of a big rain will get in around thursday. rob is up next with sports. halloween, marathon, world series. >> 15 years and the wait is over.

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one of our nice little slogans around the news room is sometimes numbers and news tend to confuse, expect when you're talking about the number of days between the last time and this time the mets have been in the series. >> we have a little slogan in the sports department too, don't let rob do math. so if these numbers are wrong it's not really my fault. if mets fans have been counting the days between world series appearances, they know it will be 5479 days between the last time and this time. the series begins next tuesday. the mets are in. they flew in from chicago after beating up the cubs in the national league championship series. bus arrived at citifield this afternoon. this team's ride has been something special from a team that struggled in the early summer to one that flourished in late summer. back home for a few days' rest. back to baseball's biggest stage, the world series.

here's a little of how it went down last night. lucas duda smacked a home run in the 1st inning, wound up with five rbis. good to see duda hitting the ball again. good to see daniel murphy is still the hottest player. a sixth straight playoff game with a home run for murphy. the power surge has been off the charts. then the final out. the team that over powered everybody in the postseason fittingly gets a strikeout for the final out. the mets win the game 8-3. they win the series in four straight. they move on to the world series but not before celebrating through the night at wrigley field. >> this is a lot of fun. wish they had a little bit bigger clubhouse but this is a lot of fun. >> we thought the first two were fun but this one takes the cake by far. >> always been down about us no matter what but the guys, the

organization, the fans have all been believing. >> we hungry to play baseball. >> coming up with a good game plan, my job is to try to execute it. >> the goggles do come in handy, don't they? the only thing missing now, an opponent. the royals and blue jays play game 6 alcs tomorrow night. kansas city leads the series 3-2. it all starts tuesday night. in los angeles don mattingly out as manager of the dodgers. he and the team both agreed they need a fresh start. winning record every season but no world championship with a payroll of almost $290 million. dodgers bounced this year by the mets. we've got big football games coming up this weekend. giants get the cowboys at the meadowlands. a rematch of their week 1 battle in texas. big blue loss 27-26. the giants had it in their hands and let slip

>> the fact it is dallas and we've played them already. it's a chance for us to get back to a winning record. it's a big one and weaver got to go out there and play well. >> as for the jets, they stand 4-1 looking for a share of the division lead. at the undefeated new england patriots. that means they need to find a way to take down brady and company in this early seasons critical match-up. >> division games are always important so in that regard, yeah, it's a division game so those always mean something but every week you've got to put the same focus and energy in to the team you're playing and go out there and give yourself the best chance to win on sunday. >> one of the advantages i guess of the world series not beginning for a few days is we get to check back in with the local teams. we've got things to keep us busy i guess until game 1 of the world series and we get to watch the american league championships, two good

teams here and fun to watch. it will be fun to watch. >> mets will have their challenge no matter who's in it. prognosticator tomorrow for the football and maybe the world series? >> did you check the math, by the way? were we accurate? >> i believe you're accurate. >> it sounded good. we're going with it. let's check in with sade to see what's coming up tonight on eyewitness news at lav:00. -- at 11:00. >> a retired new york cop accused of pulling a gun in a subway station but it's what he was accused of doing before he pulled his weapon that will make you cringe. >> detectives with an unusual request. we'll have those stories and much more tonight on eyewitness news at 11:00. >> on that note, that's it for us for now. thanks for watching tonight. a busy news night. i'm bill ritter. >> and i'm liz cho. eyewitness news returns at 11:00.