right now on news 4 new york, bear sighinging. crowds gather in a popular new jersey park to watch the wild beast just chilling in a tree. bear sightings are becoming alarming common in parts of our area. >> dozens of people watched as this bear scaled that tree in morristown which is where brynn gingras is right now. pretty to see but quite dangerous it can be. >> reporter: yeah, definitely a lot of people around here, rob. but you know what? it actually was a little dangerous. police wanted people to back up. but it ended okay. nobody got hurt in this incident. but this is the tree behind me that that bear was sort of chilling out, as natalie said, napping for a while here. it was really here for about four hours on the morristown green creating quite a lot of commotion. we had pictures flooding into our newsroom. look at those. town officials got a call about the bear hanging out in a different tree than the one i just showed you around 11:00

this morning. then that 247 pound black bear decided to relocate, walking across the green and then climbing this one behind me. all while people started crowding around, giving that bear and his movements a huge audience. so much so again that police were asking people to stay away while they could get someone in here to remove the bear, which they did around 4:00 this afternoon. authorities used a tranquilizer dart to subdue the bear and bring it safely down and out of this public area. we talked to one man who works off the green. he sat and watched for a good portion of the afternoon. >> just because nobody sees a black bear in the center of town, running around. and everybody is wondering oh, even our customers were wondering why how did the bear get here. i thought it was sleeping in the tree all night. it just woke up. yeah, it definitely was strange for this part of the area. >> reporter: and of course we've been reporting on bears that have closed down parks in ramapo, also bergen county, and then they reopened for the

but as one person here told me in morris town, if they wanted to actually see a bear, they would have stayed at home because they see them in their backyard all the time. definitely a rare scene here in the green. but everything is all good and that bear is safely back this the wild. live here in morristown, i'm brynn gingras, news 4 new york. >> all right, brynn, glad the animal is all right there. what a sight. thanks. tonight the driver is in serious condition after she crash herd car into a hole at a construction site. this happened on buena vista avenue in yonkers. police say she drove through a fence at that construction site before her car plummeted there down there down into that 30-foot hole, landing on its roof. emergency workers rushed to the scene and freed the woman from her crushed car. it's not clear why the woman drove on to the construction site. but no one else was hurt. we are learning more tonight about the woman behind the wheel of a deadly crash at a college homecoming parade. students returned to class today at oklahoma state university as an investigation continues after

past weekend, killing four and injuring dozens more. nbc's jay gray has the latest. >> reporter: two days later police and the shattered community continue to search for answers and some kind of understanding. after this horrific crash. a car plowing into the crowd during homecoming festivities at oklahoma state university. >> she accelerated. she never hit her brakes. >> reporter: four people were killed. business student nikita, professor marvin stone and his wife bonnie, and little 2-year-old nash lucas. >> he was so young and so -- he was such a good boy. he didn't deserve that. >> reporter: police arrested 25-year-old adacia chambers at the scene on suspicion of driving under the influence. her family spoke publicly for first time since the crash. >> i'm very sorry for those victims. >> reporter: they don't believe, though, that alcohol or drugs

were involved. >> she may have problems, underlying problems that i wasn't fully aware of. >> reporter: chambers' attorney suggests she has a history of mental issues, may have been off her medications when she was behind the wheel and still doesn't understand the consequences of the crash. >> she seems to lack in her act to understand what we're doing right now. >> reporter: as the campus and community now try to deal with the effects of the tragedy here. jay gray, news 4, new york. >> well, bond has been set at $1 million. chambers is not expected to be released from jail. back here in new york city, there are plans to turn a woman's prison into a hub for women's progress. the shuttered bayview correctional facility on west 20th street and 11th avenue will be redeveloped into a work space for more than a dozen women's rights groups. the prison house in order than 150 inmates until it closed in 2012. today governor cuomo talked about the symbolism in its

transformation. >> we take down an institution of failure and defeat, and we rise from those ashes will be a building about the future and potential, and a true social reform. >> plans for the building also include a woman's art gallery and restaurant. developers say the project will take about four to five years to complete. now to a consumer alert. we have an important recall to pass along tonight if you shop at whole foods. the company says you should toss out any curry chicken salad or deli pasta you might have bought last week from the salad bars or chef cases because of concerns of list is the hysteria. the salads were sold in several states using new york, new jersey and connecticut. they have a sale by date of october 23rd, so look future that. if you bought it you bring your receipt to a store for a refund. when we come back, the apple store no longer the only game in town. >> microsoft with a new flagship store.

some of you have shared your pictures and video on social media. that's next. and here is lester holt with what is coming up on nbc nightly news. >> high, natalie and rob. coming up on "nbc nightly news," we look at what is behind an alarming new health warning about a link between eating processed meat and a higher risk of getting cancer. we'll tell you what you need to know. a report on what is propelling ben carson against donald trump in some key polls in the race for republican president? and why standardized testing is coming under fire when we see you here tonight. on today in new york, get up to date. there. >> will be a rally at queensboro hall to cheer on the mets. >> lanes are shut down eastbound near merrick avenue. >> up to the minute the minute you're up with "today" in new york.

welcome back. microsoft is taking on tech in a big way. they opened their flagship microsoft store on fifth avenue. what you've been share hearing on social media. so many folks sharing their pictures. this guy having a great time at the opening. but wait until you see all the excitement. here is the unveiling here. this video shared with

a #microsoftnyc. everybody excited two. big product releases. the surface pro 4 and the hybrid laptop surface book go on sale today. they're excited, cheering. i think this look likes a slow motion video here. and as we take a look at a couple more shots, this of the unveiling and so many folks with their phones up. very excited about the new microsoft store which is just five blocks south of apple's flagship cube store. >> some high rent there on fifth avenue, natalie. new numbers are proving what new yorkers already knew. uber is take over. according to "the wall street journal," in july alone, uber averaged more than 100,000 trips in the city every single day. while yellow cabs are still on top with more than 410,000 trips per day in the same month, they're actually down 11% from last year. scary time for cabdrivers. uber drivers say the company's fastest growth is in the outer boroughs with less transit options.

new york's top prosecutor wants to make sure you're getting the internet ephedra speed that you're paying for. the attorney general's office plans to validate claims by three major internet provider, time warner, cablevision and verizon by looking at the providers' total broad band customers since 2011 and respective service levels. cablevision sets its optimum online service consistently surpasses advertised speeds. time warner and verizon did not immediately respond to questions for comment. coming up, you need some help? well, you better get baquero. a woman who loves the olympics had some trouble with the tickets she bought for 2016. and then she got stuck with the cost of a home she rented for the games in rio. what you can learn if her bad experience. but first, our social pick of the day. the limon orchards pumpkin patch near little field, in connecticut. isn't that the quintessential fall picture? beautiful weather throughout. thanks to mi10016 for that. >> we always love when you have

use the #nbc 4 ny on twitter or instagram. it might be selected as our

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coming up at 6:00, a 7-year-old girl is on life support tonight after choking at her brooklyn school. and her parents claim no one at the school ever called for help. plus mayor de blasio and other elected officials demand changes in the criminal justice system after the killing of an nypd officer allegedly by a career criminal. what does governor cuomo think? we've got those stories and much more all new tonight when i walk

>> david, thanks. some new security photos released tonight of a thief who apparently has a taste for fine wine. let's get a look at 25-year-old scott deluke california. police say he is wanted for shoplifting bottles of wine from businesses all across the northeast. the latest image shows the theft last month at a bernardsville liquor store in new jersey. he allegedly stole $2,000 worth of wine in the case there and got away in the dark colored jeep grand cherokee. >> can kid's got good taste. the obama administration says kids are spend together much time taking unnecessary tests, and is now calling for less standardized testing in schools across the nation. under a new plan, the president is recommending schools use no more than 2% of classroom time for standardized testing. the tests should enhance teaching and learning, providing a clearer picture of how students are performing. >> learning is so much more than just filling in the right bubble. we're going to work with state, school districts and teachers

and parents to make sure that we're not obsessing about testing. >> many educators support this movement. a recent study revealed the average student in big city public schools takes about 112 mandatory standardized tests between pre-k and high school graduation. well, it's not easy to get a ticket to the olympics. and that's why two long island sisters started planning their trip to rio well in advance. >> so what happened made them say better get baquero? lynda baquero explains what you need to know when you're planmorening a trip like this. >> reporter: there are so many websites offering deals and tickets to the olympics. you've got to be careful which ones you choose. when two sisters booked a trip of the lifetime to the 2016 olympics, they were thrilled. but then take a look at what happened. patricia moon and her sister deborah bought everything they could find in red, white and blue to show their american pride at the olympics opening ceremony in rio next year. >> it's been on my bucket list

and i thought what a better place to go than rio de janeiro, brazil. >> reporter: they went online and paid more than $3,000 for four tickets to the ceremony. then arranged for a place to stay through a different website, tripadvisor. >> and it was two bedrooms and it had a pool that we figured well, we could at least use the pool if we weren't on the ocean. >> reporter: the price for their rental home? >> $3400 for the week. and we had to give a deposit of $922. >> reporter: but after the home was booked, patricia and her sister expressed concerns about the opening ceremony tickets they had purchased on a different site. >> he says if you want your tickets guaranteed today, you to send us a wire transfer. and that's when i really got scared and all the red flags came up. >> reporter: the sisters found out tickets for the ceremony had been sold out for some time. so they canceled their credit card, and then tried to get rae fund for their lodging, their olympic dreams dashed.

>> so i called tripadvisor, and they were very sorry to hear what i had again through. but they were going to keep $465 because that was their fee for us using tripadvisor. after crying for two days i said okay. now we're going to plan for the next one. beijing, here we come. >> reporter: now to confirm booking, patricia had to pay a deposit on the property and a fee to tripadvisor. and we asked tripadvisor to look into patricia and debbie's case. and the good news here, problem solved. tripadvisor offered to refund their fee and they reached out to the homeowner who offered to credit the deposit toward a future booking. tripadvisor points out that cancellation terms are set by the homeowner. and in patricia's case, they were labeled super strict, something she had to agree to before any payment was made. remember, for anything olympic-related, start with the official ioc international olympic committee website to make sure that you get

lynda baquero, news 4, new york. >> to get in touch with our consumer investigative team, it's easy. send an e-mail to better get baquero at nbcnewyork.com or call us at 1-866-news 244. a check of the forecast now. i love this weather. >> cool, sunny. >> this is all the colder it ever gets. >> wouldn't that be great? >> oh, not any colder than this. oh, well, you're going have to move, i think. you know that's coming, rob. you know. just get your big coats ready. it's not there yet. we're not there yet. well still have very pleasant weather around here. this morning's temperatures were in the 30s in a lot of spots. but we bounce back nicely to near 60s in northwest locations. 58 in midtown. 57 in islip and 61 in morristown. a beautiful day. cool or chilly mornings and cool days. right now in the 50s from ringwood to larchmont, staten

island 58 at sheepshead bay. generally temperatures in the mid- to upper 50s to just lover 60 degrees. it's pretty pleasant. we're starting to see some high clouds move through the area. no rain clouds yet. that's still about 24 hours away or a little bit more. the rain that we're tracking, or the remnants of hurricane patricia. and this is what is left of it here, spinning low-pressure system. right here over louisiana. you can see all the moisture coming up out of the gulf of mexico moving northward. that's what in store for wednesday. mainly clear tonight across the area and bit of frost across the north and west. you'll be back in the 30s again. the clouds will thicken throughout the day tomorrow, but it's still dry. not having to worry about the rain not wednesday. it's most of the day on wednesday into thursday morning. we can look at anywhere from 1 to 2 1/2 inches of rain expected across the area. and maybe a little bit more in some spots. and these deficits continue to lengthen and get larger. we're now looking at deficits between 6 an 8 inches of rain. that's how much we need to get back to average. and we still have a ways to go. nothing for this weekend, though.

it's looking great for halloween. we turn the clocks back one hour on saturday night, and sunday the new york city marathon. so the weather is looking great. temperatures are in the 40s tonight. white plains, islip, the city tomorrow in the 50s to near 60. rain is here for wednesday. be then dry going into the rest of the weekend until we get to more rain coming up monday. that's a check of your forecast. we'll have more at 6:00. back to you. >> janice, thanks. a new online service aims to bring broadway to the comfort of your couch. just launched, broadway hd lets theater fans stream their favorite plays and musicals at home. like the 2013 production of "romeo and juliet" starring orlando bloom as romeo. there is also free content too. the site boasts a modest list of current and classics but hopes to some day become the place to go if you just can't get to broadway. i think a lot of people here in the area would enjoy that. >> yeah there is nothing like being there, though.

it might work better for people who aren't in new york. up next, news 4 investigates. >> greg cergol returns to the village torn apart by the death of a child. >> hempstead officials say they're fighting back against street violence after the death of that 12-year-old. but will their efforts be enough?

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the death of a child is incomprehensible for any parent. but the killing of 12-year-old dejah joyner struck a blow to the heart of one neighborhood as well. we spent greg cergol back to one neighborhood to see what is being done to heal the child's community. >> reporter: hempstead village's mayor told me today he is confident an arrest will come soon in the murder of dejah joyner. but folks here in hempstead say it will take a lot more to heal a community that has seen plenty of violence. as shoot:00 victim dejah joyner was being laid to rest friday,

harrison begged us to keep the focus on violence in this village of 54,000. >> something needs to be done. so hopefully you guys will not just be here today and go away. >> reporter: today we return, seeking answers to the question what is being done to prevent another 12-year-old from being killed by straight gunfire inside her own house. >> i think things will change. >> reporter: hempstead village's mayor says obviously police paroles have been increased. in addition, 80 new street surveillance cameras will soon be operational. >> they're being put up all throughout the village. especially in the spots that we know are hot. >> reporter: hempstead already utilizes a shot spotter system designed to alert police when shots are fired. the guardian angels have also begun patrols here to help convince the community it's okay to help police. >> the culture has been snitches get stitches. and people are afraid. >> enough is enough. >> reporter: tammy mitchell

isn't one of those fearful hempstead residents. she is part of a group looking for solutions to the gang violence many have seen firsthand. >> a young man was stabbed right across from my house, and i watched him die. >> reporter: mitchell tells me she has seen improvements since that incident two years ago, and 4 investigates found the number of shooting incidents in hempstead has gone down since 20er 2013, as have the number of gun violence killings. but critics say dejah joyner's death proves more needs to be done. >> we have to attack the problems as though they are a plague, because they are a plague indeed. >> reporter: and everyone agrees this fight will take a community wide commitment and patience because this change won't happen overnight. we're in hempstead tonight, greg cergol, news 4 tonight. >> we'll see how they go about fighting that. greg, thank you. and thank you for watching. stay with us. the news continues here at 6:00. live from studio 3c in rockefeller center, this is news

4 new york. >> now at 6:00, a little girl is in a hospital, barely alive tonight. she choked at school, and her parents claim no one called 911 to help her. plus, three years after hurricane sandy, some victims are still fighting to rebuild their homes. news 4 investigates what is being done to help them now. and a libyan lawmaker joins mayor de blasio's call after the killing of randolph holder. governor cuomo on board? good evening, everyone. i'm david ushery. >> and i'm natalie pasquarella. chuck and sibila are off tonight. we begin with stunning allegations from the parents of a 7-year-old girl. >> they claim when their daughter choked on food at her school in brooklyn, no one called 911 for help. now the only thing keeping her alive is a machine. ray villeda is working on details. >> reporter: i've been making calls all afternoon. here is what we know. a little girl choked on food at school. she is now on life support, and her family tells us she is brain dead. her family is asking questions about how this incident was

handled and what was done to